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THE SECOND YEAR
OF THE LEAGUE

MAP ILLUSTRATING UPPER SILESIAN AWARD.

Last French proposals Aug I H92l_iMinini

- British • • • _»~™.

League Award Oct 12 1921 _ --—-.

Territory assigned to Germany K\\N

I. .j.1 . i
- Poland rffftl

International boundaries

boundary _____

THE SECOND YEAR
OF THE LEAGUE

A Study of the Second

Assembly of the League

of Nations

HAROLD W. V. TEMPERLEY

READER IN MODERN HISTORT, CAMBRIDGE UNIVERSITY

LONDON: HUTCHINSON 6- CO.
PATERNOSTER ROW

" The scene entirely changed and I saw a large and
magnificent Hall, resembling the Great Divan or Council
of the Nation[s]. At the Upper end of it, under a Canopy,
I beheld the Sacred Covenant, shining as the Sun. . . . They
prostrated themselves before it and they sung an Hymn . . .
' May the Light of the Covenant be a Lanthorn to the Feet
of the Judges, for by this shall they separate Truth from
Falsehood ! 0 Innocence rejoyce for by this Light shalt
thou walk in Sajety ; nor shall the Oppressor take hold
on Thee ! 0 Justice be exceeding glad for by this Light
all thy Judgments shall be decreed with Wisdom! Nor
shall any man say thou hast erred ! Let the Hearts of all
the People[s] be glad !' . . . Then all the Rulers took a
solemn oath to preserve it inviolate and unchanged, and
to sacrifice their Lives and Fortunes, rather than suffer
themselves and their children to be deprived of so in-
valuable a Blessing." — BOLINGBROKE, The Craftsman.
No. 16.

PREFACE

THE League is an international organism, which
is incessantly developing and changing its colour
and shape. It is no longer the same conception
as that which saw the light at Paris in 1919 ; it
is no longer the same body as that which sat at
Geneva in 1920. In 1922 it will exhibit some
characteristics different from those which it pos-
sessed in 1921.

The difficulty of obtaining information about
the League and its works is that accounts of it
are usually too general or too particular. Its
records are enormous, and they comprise speeches,
discussions and reports by some of the acutest law-
yers, the most eloquent orators and profoundest
statesmen in Europe. This book is written to
call attention to this goldmine of political, economic
and legal information and, if possible, to reveal
some of its brightest treasures to the public.

A personal view of the activities of the Second
Assembly of the League is necessarily a limited
one, but it at least gives an intelligible principle
of selection. There is little here about the organisa-
tion of intellectual work, of international statistics,
of motions of sympathy with Armenia or East
Galicia, of disarmament and of blockade, even of

vi PREFACE

Russian relief and humanitarian work. It did
not seem to me that it was by these activities,
though important, that the Second Assembly
would be remembered. There is much, however,
about the admission of new states, about mandates
and minorities, about governing territories, Courts
of Justice and constitution-making, about settling
disputes in Albania and Upper Silesia. For it
is by these things that the League lives and will
be judged.

HAROLD TEMPERLEY.
January, 1922.

A SHORT BIBLIOGRAPHICAL
NOTE

A STUDY of the League must begin with that of
the German Treaty.

For a very short course the following may be
recommended : The German Treaty, edited, with
brief commentary, by Harold Temperley (Hodder
& Stoughton, 5s.). Handbook to the League of
Nations, Sir Geoffrey Butler (Longmans, 5s.). Two
small but excellent books are What They Did at
Geneva (1920) and Geneva (1921), by H. Wilson
Harris, published by the Daily News, 6d. each.

For a fuller course :

History of the Peace Conference of Paris, ed.
H. W. V. Temperley, in 6 vols. (5 vols. published)
(Hodder & Stoughton).

The Truth about the Treaty. A. Tardieu (Hodder
& Stoughton).

The Peace Negotiations : A Personal Narrative.
R. Lansing (Constable & Co.).

The League of Nations. L. Oppenheim (Longmans,
6s.).

The League of Nations Starts : An Outline by
its Organisers (Macmillan, 10s. 6d.).

The First Assembly of the League, ed. O. S. Brett
(Macmillan & Co., 3s. 6d.).

ANALYTICAL TABLE OF CONTENTS

CHAPTER PAGI

PREFACE ....-- v.

A SHORT BIBLIOGRAPHICAL NOTE - - vii.

I. THE ASSEMBLY— ORATORY - - - 13

II. THE COUNCIL'S REPORT— EXECUTION - - 24

(a) The Saar Valley ; (6) The Free City of Danzig ;
(c) The Aaland Islands ; (d) Repatriation of Prisoners
of War; (e) The Campaign against Typhus; (/)
Other Activities ; (g) Technical Organisation Con-
stituted by the Resolutions of the First Assembly ;
(i.) Transit Conference at Barcelona, (ii.) Austria;
(h) Conclusions.

HI. THE ADMISSION OF NEW STATES - - 34

(a) General ; (b) Unsuccessful Claimants : Caucasian
States, Montenegro ; (c) Successful Claimants : the
Baltic States ; (d) Other Applicants for Admission :
Hungary and Germany ; (e) General Conclusions,

IV. THE COURT OF PERMANENT INTERNATIONAL

JUSTICE 47

I. THE COURT OF JUSTICE

(a) The Project of the Court and its Acceptance by the
First Assembly, December 13, 1920 : (b) The Estab-
lishment of the Court and the Election of the Judges
by the Second Assembly ; (c) The Compulsory
Jurisdiction Clause.

II. AMENDING THE CONSTITUTION
(a) General ; (b) Article 20 and the Power of Amend-
ment ; (c) Other Amendments ; (d) The Proposed
Amendment to Article 21.
IX

x CONTENTS

CHAPTTR PAO1

V. MINORITIES AND MANDATES - 69

I. MINORITIES

(a) Previous Precedents ; (b) Minorities' Treaties Agreed
upon by the Peace Conference ; (c) Procedure as
Regards Protection of Minorities ; (d) Agreements
for the Protection of Minorities Negotiated by the
League : Finland and Albania ; (e) Germany and
the Polish Minorities' Treaty ; (/) Execution of the
Minorities' Treaties.

II. MANDATES

(a) General ; (b) Powers of the Council of the League
and of the Permanent Mandates Commission ; (c)
The Letter from the United States, end of August ; (d)
Action in the Assembly.

VI. THE DISPUTE BETWEEN LITHUANIA AND

POLAND - 92

(a) Ancient History ; (b) History since the Armistice

VII. THE UPPER SILESIAN AWARD - - 105

(a) Historical and Economic ; (b) The Plebiscite,
March 20, 1921 ; (c) Korfanty and Lloyd George ;

(d) The French Attitude ; (e) The Supreme Council
(July-August 12) ; (/) The League's Proceedings ;
(g) The Decision of the Council of the League ;
(ft) Acceptance of the League's Decision (October 20).

VIII. THE SETTLEMENT OF THE ALBANIAN QUESTION 129

(a) Albania's Admission to the League (December 17,
1920) ; (b) Albania's Claim to the Frontiers of 1913 ;
(c) The Contention of the Principal Powers with
Respect to Albania ; (d) Albania Between the First
and Second Assembly; (e) The Council (June. 25,
1921) ; (/) The Albanian Frontiers Commission at
Paris (June- July, 1921) ; (g) Albania before the
Council and the Second Assembly (September-
October, 1921); (h) The Denouement (October-
November) ; (j) Reflections on the Albanian Ques-
tion, (i.) The Frontiers Decision, (ii.) The Concession
to Italy, (iii.) The League.

CONTENTS xi

CHAPTIR PAGE

IX. THE LEAGUE IN RELATION TO THE BRITISH
DOMINIONS, TO LATIN AMERICA AND TO
THE UNITED STATES - - - - 164

I. THE BRITISH DOMINIONS

(a) Canada ; (6) Australia ; (c) New Zealand ; (d)
South Africa ; (e) India.

II. LATIN AMERICA
(a) General ; (6) Dispute between Chile and Bolivia.

III. THE UNITED STATES AND THE LEAGUE
(a) Views of Mr. Harding ; (6) American Journalists
at Geneva ; (c) The Monroe Doctrine.

X. A FEW REFLECTIONS - - - - 179

APPENDIX I.— (a) TEXT OF THE COVENANT - - 187

(6) NOTE ON ORGANISATION OF LEAGUE BY
SECOND ASSEMBLY - - - - - 199

APPENDIX II.— PROTOCOL OF COURT OF INTER-
NATIONAL JUSTICE - - - 203

APPENDIX III.— NOTE ON ALBANIAN FRONTIERS 221

The Second Year of
the League

A Study of the Second Assembly

I
THE ASSEMBLY— ORATORY

" The millions of the world are turning to us, and we must
not disappoint them." — M. KAHNEBEEK, on taking office,
Sept. 5, 1921.

THE Second Assembly of the League met under
conditions calculated to frighten enthusiasts and
to encourage cynics. There was none of the first
glow of ardour which had distinguished the First
Assembly. Everyone felt that the League was
on its trial. Hence an atmosphere of nervous-
ness, of tentative discussion, of hesitation, was
at first felt everywhere. It was soon dissipated
in the manly, bracing atmosphere of the Assembly.
The first event was the election of a President.
The Assembly met on September 5 under the
acting presidency of Dr. Wellington Koo, the
Chairman of the Council, and the fact that a
Chinaman could preside over an assembly con-
sisting of over forty nations was an impressive

14 THE SECOND YEAR OF THE LEAGUE

testimony to the way in which the League has
been superior to colour and race in the Assembly,
and his address on this, one of the rare occasions
on which he spoke, was admirably phrased. In
three or four sentences he defined the work before
the Assembly. " To-day we are past the stage of
experiment, to-day we are on the threshold of
achievement. Every day that passes demon-
strates-— and the whole of my experience as a
member of the Council only serves to convince me
• — that the League as established under the Covenant
is not in any sense of the word a superstate. It
is a union of nations for the avoidance of the
appalling catastrophes of war. It is a practical
means of facilitating the conduct of international
business and promoting the general welfare of
mankind. It does not seek to bind the members
of the League against their will ; it does not seek
to force progress for which its members are not
willing."

The proceedings began with an unfortunate
incident. It was well known that many delega-
tions favoured the election of Dr. Gustav Ador, the
indefatigable chairman par excellence of humani-
tarian associations, the Chairman of the Brussels
Conference, and an ex-President of the Swiss
Republic. Unfortunately the Swiss Government
favoured Dr. Ador less than the Assembly, and
intimated at the last moment that they did not
desire the election of one of their own citizens.
The Assembly could hardly disregard this hint, but

THE ASSEMBLY— ORATORY 15

ultimately they elected Ador Honorary President
of the Assembly, paying a special compliment to
a man whose elevation had been opposed by some,
at least, of his own countrymen. It was a painful
incident, but it shewed incidentally that the League
could bring considerable moral pressure to bear
even though " it did not seek to force progress "
on Switzerland in the matter of permitting one
of its citizens to accept the highest honour the
Assembly could give.

Mr. Balfour rose and proposed M. Karnebeek,
the Foreign Minister of Holland, as President,
M. Jonnesco proposed M. Da Cunha, of Brazil.
Ultimately voting by secret ballot took place,
resulting, after a second ballot, in M. Karnebeek
being elected by 21 votes. The result was a victory
for the British Empire — supported, apparently, by
a miscellaneous following as against Latin America
— possibly 1 supported by Latin Europe. On the
whole it was a good move, for Holland is one of the
states most interested in international co-opera-
tion and international jurisprudence, and has
greatly appreciated the compliment to her dis-
tinguished son. M. Karnebeek showed great sur-
prise at being elected and some nervousness in the
initial stages of his chairmanship. But ultimately,
as he gained and imparted confidence, he showed
great dexterity in managing business and imparted
a high tone to the character of the debates. Every-

1 Le Temps of Sept. 6 indicated French support of Da Cunha.

16 THE SECOND YEAR OF THE LEAGUE

one felt at the end that the honour had been
worthily bestowed and that he had redeemed the
pledge uttered on taking office, " I will endeavour
to be your best and most devoted servant."

Of orators the Assembly had no lack, and of
both sexes. France had with her the greatest
orator in Europe, but unfortunately M. Viviani
fell ill. MM. Bourgeois, Hanotaux and Reynald
were always weighty and impressive, and M.
Nobelmaire ultimately developed remarkable
talents. Of the Scandinavian representatives, Dr.
Nansen, who fought a hard battle for Russian
relief, was always attractive from his transparent
sincerity, as was the massive integrity of Branting,
the Swedish Socialist, who made a fine picture with
his brooding eyes, silver hair and yellow moustache
and slow, impressive speech. Of the Latin Ameri-
can group three stood out pre-eminent, though
for different reasons : Restrepo from Colombia,
a vast, grey-haired man, skilful at taking a point
in procedure and with a large fund of humour ;
Don Edwards of Chile, fluent and graceful ; and
the Bolivian, Aramayo, who spoke English like a
native and remained dignified and calm under
painful circumstances. Gimeno — the chief Spanish
delegate — spoke once, and in Spanish, "the language
of ninety millions " — with great power and with
curious stabbing gestures.

Among the other states of Europe, M. Hymans,
with his grey hair and black eyebrows and fine
graceful gestures, never failed to attract in his

THE ASSEMBLY— ORATORY 17

speeches. Frangulis, the Greek, was a finished
orator, but with too much art to please an assembly
that cared little for eloquence alone. The
Serb, Spalaikovic, and his opponent — the black-
bearded Albanian, Bishop Noll — indulged in a
series of oratorical duels which never failed to
excite attention. Count Mensdorff of Austria
spoke only once, but with great dignity, while
Osusky, the Czecho-Slovak, greatly amused the
Assembly by addressing them in English with
a pronounced American accent. Scialoja of Italy
and Motta of Switzerland spoke admirably, though
both reserved their greatest oratorical efforts for
a non-political commemoration of Dante. A
curious and pathetic contrast between old and
new in the Orient was afforded by the two Persian
delegates. The second delegate, a young man,
spoke admirably, often, and closely to the point
in approved modern fashion. The first delegate,
a prince and a poet, spoke once only, and told how
he had met W. T. Stead many years ago at the
Peace Conference of the Hague, dreamed with him
of an Assembly of the Nations, and composed " by
himself ' ' an ode, of which he recited part, which
demonstrated that all people had one origin and
that the earth nourished every one of us. Finally
he expressed the wish that the olive-branch planted
at the Hague should become, " by the assiduous
care of this lofty Assembly, the tree of fraternity,
extending its branches, magnificent with eternal
peace, over all humanity." Loud applause came

18 THE SECOND YEAR OF THE LEAGUE

from the delegates- — always generous towards
sincerity, even when it was poetic.

It is worth noting that one of the greatest
oratorical triumphs was scored by Mademoiselle
Helene Vacaresco, the famous Rumanian poetess —
a woman who only began speaking in public a few
years ago. Like her, Dr. Wellington Koo, M.
Osusky, Dr. Nansen, Don Edwards and Sastri,
though speaking in languages not their own, con-
trived to win great technical successes. One more
point to note is that two famous statesmen, Dr.
Benesh the Czecho-Slovak and Stambulivski- — the
Bulgarian peasant Prime Minister- — and two great
orators, Take Jonescu — the " Golden Mouth " of
Rumania — and Viviani of France, never uttered a
word at the Assembly. It is clear that all of them
sought by their presence to contribute rather to
the solid work of the League, and refused to regard
it as a scene for mere oratorical display. Their
silence was golden, for it marked their respect for
the League.

The British Empire Delegation took a very active
part in most debates. Captain Bruce, the Aus-
tralian, spoke seldom, but always with weight and
force ; Mr. Doherty, the Canadian Chief Justice,
astonished everybody by speaking French more
fluently than he spoke English, while Sir James
Allen of New Zealand brought a ripple of laughter
by relating his personal difficulties in explaining
mandates to the ingenuous natives of Samoa.

Among the delegates of Great (as distinguished

THE ASSEMBLY— ORATORY 19

from Greater) Britain, Sir Rennell Rodd scored
two signal successes, first in criticising and even-
tually forcing the withdrawal of an absurd report in
which Swiss hotel proprietors endeavoured to
explain that the cost of living in Geneva was
moderate, and second in persuading the Assembly
to adopt a revised scale of contributions from each
state. In each case clarity of exposition and tact
of handling were displayed to a marked degree.
Mr. Fisher spoke always with a dignified sincerity
and greatly impressed the Assembly, but his
happiest efforts were on Committees, very notably
in one speech on Albania and in another on the
admission of Lithuania to the League. Mr.
Balfour, by common consent, was the weightiest
voice in the whole Assembly, and carried more
influence even than Lord Robert Cecil. The
latter was indefatigable in debate, in proposing
motions and amendments, and in raising to a higher
level every debate in which he took part. Probably
on Committees his influence was still greater and,
indeed, all-pervading. Yet his influence was, and
remained, personal. Mr. Balfour seemed to carry
weight beyond any other voice raised in the Assem-
bly, because his personal opinion expressed the
policy, not only of a long-experienced statesman,
but of a great empire. Few will forget some of his
sage and pithy utterances. There was his admoni-
tion to M. Branting, who had criticised the Council
over its decision in the Aaland Islands dispute
as " being the organ of a particular group of Powers."

20 THE SECOND YEAR OF THE LEAGUE

" Mr. President," answered Mr. Balfour, " that
such a charge should be made by any member of
the League, is, I think, most unfortunate ; but
that it should be made by a man of the high charac-
ter and the great ability and the world-wide reputa-
tion of my friend M. Branting I confess gave me
great pain, and made me feel that sometimes, in
the heat of debate and argument, we say things
which afterwards we may have some reason to
regret." As a Swiss journalist wrote, " Et voila
pour le delegue de la suede ! " l Again, when a
Greek deputy wished to add a Serb, a Greek and
an Albanian to a Commission of Observation in
Albania, he reminded him that " there is no greater
strain on human friendship than long periods of
travel together." Not less telling was his question
to the Poles about Zeligowski, the Polish D'Annun-
zio in Vilna : "Is he a rebel deserving military
sentence ? Is he a patriot deserving the patriot's
crown ? We know not. Whenever the exigencies
of debate required one answer, that answer is
given, when they require the other answer, the
other answer is given." Again, what could be
more complete than his reply to Lord Robert Cecil
about disarmament ? " General disarmament can
only be effectual if it is a general disarmament,
and a general disarmament is an all-inclusive

1 It is characteristic of the fine temper of M. Brantinp that
he is well known to have been subsequently greatly distressed
by a Swedish paper's attack on Mr. Balfour in connection with
this utterance. He also asserted that his criticisms only showed
his belief in the league and his desire for its perfection.

THE ASSEMBLY— ORATORY 21

disarmament." There was a neat finality about
this which even idealists appreciated.

In sheer oratorical distinction the palm was
borne away by the second delegate from India.
Everything about Mr. §astri was remarkable. On
all occasions he stoutly upheld the use of the
British language as against French, yet he was a
Brahmin of the Brahmins. He claimed a descent
of five thousand years, but he conjured the Council
" not to wrap itself up in oligarchic mystery.'*
Though possessed of great natural eloquence, he
often sat silent in Committees, only speaking to
urge practical conclusions or to demand the taking
of a vote. On September 12 he stood up in the
Assembly, a figure in a plain black collarless
cassock and white turban, and spoke. There were
no gestures — though the expression of his face
changed continually, and the sustained melody of
his voice held everyone entranced. " Brother
and Sister Delegates," (his very opening word was
original), " hard and cold indeed must be the heart
that fails to be touched, and touched to noble
issues, by such a spectacle as this." He spoke of
the critics and pessimists with scorn, but he
reminded the League that it was wiser to limit its
scope and not to attempt the impossible. Then
he brought a thrill of shame to everyone by re-
minding the nations how India, " almost alone
amongst the Great Powers," had not only ratified
the International Labour Conventions of Washing-
ton, but had passed laws to give effect to them.

22 THE SECOND YEAR OF THE LEAGUE

Yet there was but one Indian on the League
Secretariat, while there were 138 British, 73 French,
and 13 Americans. As regards Mandates, he
reminded us that in German West Africa " the
Germans did not make a colour-bar or introduce
invidious distinctions." If the Mandates did
introduce them, then one day a delegate from
India might have to " come on this platform and
tell the Assembly that we are worse off under the
trustees of the League than we were under the
Germans. Either rectify these matters or put us
back where we were. It would be a matter of
profoundest regret for any of us to come and
speak in that fashion in the Assembly. 'y And after
a solemn pause he slowly quitted the tribunal.
There were few present whom his oration did not
cause to rate India higher because she could pro-
duce such a man.

In reflections for the future debates in the
Assembly one serious consideration arises. Owing
to a motion carried by Lord Robert Cecil, the
sessions of the various Commissions were thrown
open to the public. The decision was hailed with
delight, but the results were unexpected. After
the general debate on the Council's report, the
Assembly settled down to discuss particular prob-
lems in detail, according to reports presented to
them by the various Commissions. But the publicity
of the proceedings induced the orators to make
their fine speeches on the Commissions them-
selves. Consequently, when the subjects came up

THE ASSEMBLY— ORATORY 23

before the Assembly, the speakers subjected the
public to a repetition of remarks they had already
heard. Not unnaturally a decline of interest in
the Assembly debates became noticeable at once,
for the speakers lacked both novelty and force.
The effect was equally bad upon the Commissions.
So long as they met in private, arguments were
directed to the reason and not to the emotions,
but the presence of the public irresistibly tempted
the emotional orator towards rhetoric. Hence
the Commissions became less businesslike and the
Assembly more dull as a result of publicity. In
the end some remedy will doubtless be found, but,
until it is, the public interest in the Assembly will
be confined to the General Debate on the Council's
Report.

THE COUNCIL'S REPORT— EXECUTION

THE Council's report of the measures taken to
execute the decisions of the first Assembly formed
matter for a general preliminary debate. The
report, as Mr. Balfour complained, was not suitable
for enlivening the breakfast -table, yet the table
of contents was extremely impressive. There
were several sides to the work : administrative,
political, humanitaran, technical, and general, and
of these the first was not the least important.

(a) The Saar Valley

The administration of this area is placed under
an International Commission of five members
responsible to the League. The Commission con-
sidered that Germany was no longer able to exercise
her sovereign rights over the Saar and that the
Commission itself exercised the rights of sovereignty.
This is not altogether a happy arrangement when
a Frenchman is Chairman of the Commission,
when the mines are for 15 years the property of
France, when French currency circulates in the

when French troops are present in the district,
M

THE COUNCIL'S REPORT— EXECUTION 25

when French military tribunals have recently
been erected there, and some hundred notorious
pro-Germans have been expelled. Even a heavy
surplus does not compensate the Saar Valley for
all this. In response to various complaints the
League Council took the view that there was
nothing in the treaty to prevent the use of French
currency, that the presence of French troops was
permissible, though it was not to be permanent.
The Council mildly censured the establishment of
courts -martial by the Commission, which they
proposed to supersede by the setting up of the
Supreme Court of the Saar Basin. They further
recommended the Commission to examine into all
cases of expulsion, to reduce them to a minimum,
and to forward reports on the same to the Council.
This was slight comfort, but it proved at least that
some supervision was being exercised.

(b) The Free City of Danzig

If the Saar Valley scheme was pre-eminently
the creation of President Wilson, the Danzig
solution was certainly that of Lloyd George. The
scheme, though carried by Mr. Lloyd George in
defiance of the experts, appears to have worked
admirably. Its essential point is that Danzig
is not governed by an international Board but
by an international individual, the High Com-
missioner, who mediates between the German
element predominant within the free city, and

26 THE SECOND YEAR OF THE LEAGUE

the Government of Poland, charged with the
external relations of Danzig and having rights of
free commercial access to the port.

The Council of the League had devoted much care
to the whole question and had already instituted
many improvements. On July 30, 1921, the Rifle
factory in Danzig was definitely closed down and all
manufacture of arms forbidden. As regards the
enforcement of the demobilisation of Danzig,
large powers were given to the High Commissioner,
as, e.g., to decide what was and what was not war
material,1 and to sequestrate all such material
pending investigation into its nature. The very
delicate question of the defence of the free city
also attracted much attention, and it was finally
arranged as follows : Local economic distur-
bances or military revolt within the free city would
be dealt with, in the first instance, by the local
government. Only if the High Commissioner
notified to the Polish Government that these were
insufficient is the latter authorised to send troops.
The case of danger from the aggression of an ex-
ternal Power (e.g., Germany) could be met in a
similar way, the decision of the High Commissioner
being always necessary to initiate any action by
the Polish Government.

A number of other technical problems of trans-
port, finance and harbour accommodation were

1 It is well known that international lawyers cannot define
war material, but what is not possible foran international lawyer
appears to be possible for a Danzig High Commissioner !

THE COUNCIL'S REPORT— EXECUTION 27

also settled, chiefly by leaving the final decision
to the High Commissioner. The finances of the
free city were examined and reported on by an
expert financial committee of the League. Various
improvements were made in the constitution by
the League Council with the view of ensuring
popular control over the Government and of pro-
tecting the Polish minority in the city. Finally
it was decided that all outstanding differences
between Poland and Danzig, under the Convention
of November 9, 1920, which were not settled by
July 31, 1921, should be submitted to the High
Commissioner's decision. Two railway disputes
— occasioned by decisions of the Commissioner —
were settled " out of court " on September 23,
under the mediation of the Secretariat of the League.
One important decision, notably contrasted with
that in the Saar Valley, is that the official currency
is the German mark, though Polish currency can
be used if payer and payee agree (which they are
never likely to do).1

The net result seems to be that everything depends
on the High Commissioner, Lieutenant-General Sir
R. C. Haking. According to all accounts he is a
bluff, cheery soldier, quite prepared to take
decisions on his own responsibility. That he is

1 The Polish-Danzig Treaty was finally signed in Warsaw on
October 24, 1921, the Danzigers employing the historic seal
of the city, which dates back to 1340. Equal rights are given
to Polish ships within Danzig's territorial waters, Polish tariffs
and customs will apply to the trade of Danzig, and Poland
will take over the railwavs.

28 THE SECOND YEAR OF THE LEAGUE

ready to enforce his authority the following story
will illustrate. On his return from leave he found
the Assembly in occupation of the house which he
deemed most suitable for the High Commissioner.
In due course he installed himself there, and the
Assembly found quarters elsewhere. This story
is in itself a striking example of his power of
moral suasion. This benevolent despotism is
tempered by the fact that the Commissioner is
ultimately responsible to the Council. But, so
far as the experiment has gone, it seems highly
successful, and the moral seems to be that the
authority of the League is much more easily
enforced by an international individual at Danzig
than by an international Commission in the Saar
Valley.

On June 27, 1921, this age-long dispute between
Sweden and Finland was finally settled by the
Council. The basis was that the Aaland Islands
were to remain to Finland, but that the Council of
the League was to guarantee to their inhabitants
" the preservation of their (Swedish) language,
of their culture, and of their local Swedish tradi-
tions." The Islands were to be disarmed and
neutralised. This decision was bitter to the
Swedes, and their disappointment found vent in
angry remarks against the Council like those of
M. Branting, which have been already quoted. It

THE COUNCIL'S REPORT— EXECUTION 29

is, however, to the eternal honour of Sweden that,
as in the still more painful case of Norway's separa-
tion, her statesmen accepted a decision, in which
they were not allowed to take part, without re-
sorting to force. No other country has accepted
two such painful decisions with such remarkable
self-restraint. Angry as was the utterance of M.
Branting, no words can praise too highly the practical
wisdom with which he forbade all forcible attempts
to reverse the decision. In an age which has seen
D'Annunzio at Fiume. Zeligowski in Vilna, Kor-
fanty in Upper Silesia, Friedrich in West Hungary,
Sweden's statesmen stand in a high and honour-
able position. Despite the temporary bitterness
engendered, there can be no doubt that the League,
and the League alone, could have solved this
difficulty, and it is to M. Hymans, the unwearied
conciliator of differences, that the chief credit
of the result is due. The Aaland Islands Conven-
tion was finally signed at Geneva on October 20,
1921.

(d) Repatriation of Prisoners of War

This is another great and beneficent work with
which another great Scandinavian and an un-
wearied Swiss are associated as statesmen. This
work had been carried forward by Dr. Nansen and
Dr. Ador with large contributions from Govern-
ments and Red Cross Societies. Dr. Nansen was
able to report before the Assembly dissolved that

30 THE SECOND YEAR OF THE LEAGUE

about 380,000 prisoners had been returned to their
families at a total cost of £400,000. " This,"
said Dr. Nansen (September 21), " is indeed
international work ... a true work of reconcilia-
tion," and Dr. Karnebeek, in congratulating him,
said, " The quite remarkable results . . . have
been the outcome of his (Nansen's) devotion to
duty and perseverance . . . and reflects extra
honour and glory on the League of Nations."
One feels entitled to ask whether so great an amount
of human suffering was ever relieved at so small a
material cost ?x

(e) The Campaign Against Typhus

This was conducted with great energy by Dr.
Ador, and had much success in Poland, but the
funds subscribed (under £100,000) precluded the
full benefits that might have been obtained.

(/) Other Activities

The activities of the League as regards the
Permanent Court of International Justice, Minori-
ties and Mandates are more completely related
elsewhere. (Chapters IV.-V.)

1 That it was a work by which most nations benefited is
seen from the list of the following persons who were on the last
transport leaving the Black Sea : 500 women and children of
various nationalities, 452 Czecho -Slovaks, 282 Hungarians,
215 Germans, 183 Rumanians, 142 Poles, 123 Austrians, 116
Yugo-Slavs, 30 Italians, 11 Belgians, 3 English, 2 Bulgars, 1
Swiss.

THE COUNCIL'S REPORT— EXECUTION 31

(g) Technical Organisation Constituted by the
Resolutions of the First Assembly

(i.) Transit Conference at Barcelona. — The
Transit Conference at Barcelona sat from March 10
to April 20, 1921, and worked out a series of general
codes on the subject of Transit, International
Freedom of Regime of Railways, Ports, Navigable
Waterways of International Concern, etc. These
principles were approved by the League Council
as in accordance with the Covenant, and a technical
Advisory Committee was established to deal with
such problems in the future.

(ii.) Austria. — The Provisional Economic and
Financial Committee met under the chairmanship
of Dr. Ador. It has chiefly been occupied with
forwarding the Termeulen scheme for international
credits. Its chief and most beneficent activity
was to consider the application of the scheme to
Austria, at the request of the Supreme Council of
the Allies (March 17, 1921). The Committee
reported in favour of suspending liens on Austria
for not less than 20 years. By June 3 they were
of opinion that the scheme could be practically
applied if the Governments concerned would sus-
pend their liens. Ten Governments have con-
sented to do so , but the work of benefiting Austria
is still suspended by the refusal of the United
States to co-operate in the scheme, owing to
the extraordinary complications of her Consti-
tution. In the second week of December she

announced, however, that she might be able to
do so.

(h) Conclusions

These are only a few of the activities of the
League during the nine months January-September,
1921. Many others were undertaken, ranging from
such matters as relief work and health organisa-
tion to inquiry into economic conditions and the
collection of international statistics. Some of
these are necessarily more productive than others,
but enough has been said to show the vast range
of activities. No summary could be briefer and
better than that made by Mr. Balfour on Sep-
tember 10. " Let him consider that we are actually
governing two important regions of the earth, and
may have yet to govern more. Let him remember
that we have established, or are in process of
establishing, a Court of International Justice.
Let him remember that we have set up machinery
for protecting minorities, and that we mean that
that machinery shall work. Let him remember
that we are dealing with the question of disease
all over the world, and let him also remember that
we have played no unimportant part in the efforts
that all men of good-will are making, wherever
they may be, to re-establish upon some solid basis
the economic prosperity, without which all the
efforts of the League in the direction of peace,
contentment and good-will among men must

THE COUNCIL'S REPORT— EXECUTION 33

necessarily fail. Any man who reads this index
should then ask himself this one simple question :
Were the League of Nations abolished to-morrow,
what body either exists or could be found which
could do these things ? If he asks himself that
one question, I will answer for him that he will get
up from the perusal of this table of contents a
convinced and life-long supporter of our work."

Ill

THE ADMISSION OF NEW STATES
(a) General

OF all the functions of the League the power to
admit new states into its company is the most
important, and for two reasons. First — because
the Assembly can do it by a two-thirds majority,
and next because that fact infringes, or may in-
fringe, upon the sovereign rights of one-third of
the members of the League. The interesting fact
is that the states, whose view may thus be over-
borne, may in fact be the Great Powers. The desires
of England, France and Italy may be overborne
by a coalition between, say, Latin America and the
smaller states of Europe. The cause is fought
out in the Assembly and the Assembly's decision
is final. The admission of Albania to the League
was an interesting incident in the First Assembly.
Her admission was opposed by Mr. Fisher, the
British representative in Committee, and the Com-
mittee presented a report adverse to her claims.
Lord Robert Cecil, however, mobilised the small
states in the Assembly against his own country,
and Great Britain eventually gave way and

THE ADMISSION OF NEW STATES 35

admitted Albania. Fan Noli, the Albanian
Bishop, said that this incident proved that the
" age of chivalry " was not yet dead.

Here then we can put our finger on an act by
which the majority in the Assembly can definitely
influence history and perform executive acts,
involving important diplomatic consequences, if
necessary in the very teeth of the Great Powers.
It is curious to note some phases of this subtle
conflict between the Supreme Council and the
Assembly. The League admitted Albania in
December, 1920, but none of the Great Powers
had afforded her diplomatic recognition by October,
1921. The League refused to admit Latvia in
December, 1920, but the Supreme Council accorded
her de jure recognition in January, 1921.1

(b) Unsuccessful Claimants : Caucasian
States, Montenegro

The claimants for admission this year involved,
of course, some inevitably tragic and comic appli-
cants. The unfortunate Ukraine Democratic Re-
public was refused admission in 1920 and did not
apply again, though its Minister Plenipotentiary
addressed a pathetic tentative appeal to the

1 Recognition of a state is still an individual act of the state
which gives the recognition. Admission to the League by a
two-third majority of the Assembly is a collective act by all
states concerned, even by those who abstain from voting and
who oppose it. Both admission and recognition seem to imply
that the state admitted or recognised is acknowledged as a
member of the general international family.

86 THE SECOND YEAR OF THE LEAGUE

Secretary-General. The Foreign Minister of
Georgia complained even more pathetically that
** recent events, resulting in the withdrawal of the
Georgian Government from their country, do not
permit my Government to renew at present the
application for admission." So also the four states
of Armenia, Azerbaijan, North Caucasus and
Georgia announced their complete economic and
political union, though " almost all the territory
... is in the occupation of the Soviet and Turkish
troops." For these Ministers inpartibus, represent-
ing poor shadows of states, there could be nothing
except pity.

The kingdom of Montenegro and its represen-
tatives excited other emotions. Since France
discontinued her diplomatic representation at the
end of 1920, and Great Britain had cancelled the
exequaturs of Montenegrin Consuls throughout
the British Empire (March 17, 1921), and the
Montenegrin Consulate at Rome was raided by
Italian police, Montenegro was thought to be
diplomatically dead. There were four Montenegrin
Ministers, headed by Jovan Plamenatz, who did
not think so. On King Nicholas' death in March,
1921, they proclaimed his son Danilo King. They
were not deterred by the fact that Danilo abdicated
in a week, and promptly awarded the crown to
Michael, the son of Prince Mirko, a small boy in
an English school, appointing Miltitza, the widow
of King Nicholas, as Regent. M. Plamenatz, as
the chief of the " Big-Four," now instructed his

Foreign Minister, Dr. Chotch, to visit Geneva to
protest against the inclusion of Montenegro in the
Serb-Croat-Slovene state. Dr. Chotch next ap-
plied for the admission of Montenegro to the
League. The Secretary-General, in publishing
the demand, made the following diplomatic an-
nouncement in the Journal of the Assembly
(September 24, 1921): "This has been placed
in the Library of the Secretariat and is at the
disposal of those members of the Assembly who
may desire to examine it." Dr. Chotch returned
to M. Plamenatz and to Rome only to find that
further trials awaited him, for it was announced
in the Press on October 14 that the Regent Queen
Miltitza had dissolved the " Big-Four," and
determined to break up the Ministry. With
this coup d'etat not Montenegro, but at least
these representatives of her, disappear from history.
Like Frankenstein, they suffer from their own
creations. Though not lacking in the sense either
of " self " or of " determination," the " Big-Four "
had proved unable to forge the requisite link between
the two words.

The successful claimants for admission were
all drawn from that group of maritime states
bordering on the Baltic. About the Esths and
Letts there was little question. Both Esthonia

38 THE SECOND YEAR OF THE LEAGUE

and Latvia (Lettonia) under great difficulties
have organised their Governments. Both races
are interesting as highly gifted and intelligent,
and as having waged a most resolute and successful
war against both German and Russian domination.
They were able to give satisfactory answers to
all the five inquisitorial questions. These were :

(1) Is the application in order ?

(2) Is the Government recognised de jure or

de facto and by which states ?

(3) Does the country possess a stable Govern-

ment and fixed frontiers ?

(4) Is the country freely governed ?

(5) What have been the acts and declarations

of the Government concerned with regard
to:

(a) The fulfilment of her international
obligations ?

(b) The regulations of the League as
regards armaments ?

A sixth question was also put to the Baltic States
(as also to Albania, the Balkan and Caucasian
States) : Were they willing to enforce the principles
of the Minorities Treaties and to take the necessary
measures to carry them into effect ? As all
answers were satisfactory, it was decided to admit
them.

The case of Lithuania demanded further treat-
ment. The Sixth Commission reported that she
had received a certain amount of de jure and de

THE ADMISSION OF NEW STATES 39

facto recognition, that her Government was stable
and free. But her frontiers were uncertain and
she had recently mobilised troops, yet the Com-
mittee held that her actions did not violate Articles
1 and 8 of the Covenant.1

The final decision was really taken in Plenary
Session of the Committee on September 20. Mr.
Fisher, who had opposed Lithuania's admission
in 1920, now advocated it strongly. He spoke in
moving words of the heroism of her struggle and,
referring to all possible objection, said : "If her
frontiers are uncertain, so also are those of Poland "
— a thrust which evidently went home on the
Polish representative. Motta — the Swiss repre-
sentative— in a speech of moving eloquence,
called upon Poland not to deny rights and privi-
leges to a small neighbour : " It is a little state,
a young state. Can you refuse ? You, a nation
now raised from the dead, noble and chivalrous,
the knight among nations. Can you refuse ? "
Professor Askendzy, the Polish representative
(who did not particularly conform to one's idea
of a knight errant), said that it was not because
he hated Lithuania, but because he loved the
quarter of a million Poles she might oppress and
was oppressing, that he feared to vote for her
admission. Mr. Fisher retorted with much effect
that, outside the League, Lithuania was under
no obligation to respect minorities, while once

1 Vide Appendix I.

40 THE SECOND YEAR OF THE LEAGUE

within the League she could be called to account
for it. M. Restrepo, the Colombian representative,
relieved the situation by a humorous speech.
Last year he had voted for Lithuania, and " though
I was supported by Achilles " (indicating Lord
Robert Cecil), " I had against me the wisdom and
power of the British Empire " (indicating Mr.
Fisher). " Now that I have both on my side I
am assured of victory. I do not know the religion
of Lithuania — the Greek, I suppose. Ah, ' the
Catholic ! ' one says ; also a good religion. But I
feel sure that she will prove an important part of
the barrier against Bolshevism so vital to Poland."
And so, he concluded, " I leave the Professor
(Askenazy) to his reflections."

Everyone thought that the question was now
decided, and that Professor Askenazy was isolated.
Not so. M. Spalaikovic1, the Serb-Croat-Slovene
delegate, intervened with one of his strangely
fascinating speeches. With a wild look in his eye
he said he thought those who sat round the table
had forgotten the great Slav nation not repre-
sented at Geneva. Serbia could never forget
her, for Russia had drawn the sword in her defence
at the moment the torrent of war burst upon the
world. The Russian ogre was not dead, but only
asleep (a phrase which seemed to alarm Professor
Askenazy), and one day the Russians would be
seen on the shores of the Adriatic (which seemed
to alarm the Italian representative). Therefore
out of respect to that great nation he could not

THE ADMISSION OF NEW STATES 41

vote in favour of dismembering her when she was
helpless. He had indeed no enmity to any of
these small states, but he must abstain from
voting in their favour. Thus ended a remarkable
speech, more remarkable still since M. Spalaikovifc
is a well-known anti-Bolshevik, who once, after
calling on Lenin in a diplomatic capacity, termin-
ated the interview in an undiplomatic manner
with the words, " Assez, menteur, traitre ! "
(" Enough, liar and traitor 1 ")

On September 22, on the motion of M. Reynald
(France), the three states were formally admitted
into the League by vote of the Assembly. But,
significantly enough, though none voted against
them, there were 12 members absent or abstaining
in the case of Esthonia and Lithuania,1 and 10
in the case of Latvia. Thus the family of the
League was increased from 48 to 51 members.

(d) Other Applicants for Admission : Hungary
and Germany

In a sense both Hungary and Germany were
applicants for admission. But the latter expected
the door to be opened without asking, and the
former may be said to have knocked at the door
and then run away.

Germany did not formally apply for admis-
sion, though the question of her doing so was
hotly discussed in her Press. But the Argentine

1 France was one of these.

42 THE SECOND YEAR OF THE LEAGUE

Republic, before retiring from the League in 1920,
had put down a seemingly innocent amendment
of the Constitution, which would have had the
effect of admitting her. It ran as follows : " That
all sovereign states recognised by the Community
of Nations be admitted to join the League of
Nations in such a manner that, if they do not
become members of the League, this can only be
the result of a voluntary decision on their part."
The Committee which examined these proposals
found that they were lacking in precision. A
state, imperfect from the point of view of sove-
reignty, might procure admission to the League,
while recognition by the Community of Nations
could not be expressed in precise terms. More-
over, the proposal if carried would necessitate
amendments to Articles 1, 8, 9, 16 and 17. Though
the Committee politely credited the Argentine
Republic with " the highest motives " in making
the suggestion,1 they refused to adopt it, and
Germany was therefore prevented from being able
to creep into the League beneath the shadow of
a vague phrase. It was noteworthy that France,
in the person of M. Noblemaire, led the rejection
of this amendment, that 28 other states voted
with him, and Bolivia, Chile, Colombia and
Venezuela against him. On the eve of departure
from the Assembly Lord Robert Cecil opened a
new prospect for Germany. He said that, if

1 The Press was less urbane and suggested she was serving
the interests of Germany, e.g., Telegraph, September 7.

THE ADMISSION OF NEW STATES 43

Germany applied next year in propria persona,
he thought she would be admitted, and he would
support her admission.

The case of Hungary was different. She had
applied to the League for admission in due form,
and the Hungarian Peace Treaty had come into
force on July 26, 1921. But the difficulty re-
mained that the provision regarding the cession
of West Hungary (the Biirgen-land) to Austria
remained unexecuted. The official attitude of
the Hungarian Government was not encouraging,
and armed Hungarian irregular bands under a
Hungarian ex-premier filled the " Biirgen-land."
The " Little Entente " were uncompromising in
their opposition; the Rumanian, Take Jonescu,
said bluntly (September 23) : " When a state is
a defaulter on the Treaty to which it has affixed
its signature it is natural that this state should
stay awhile in the ante-chamber." There was a
difficulty also with the great as with the small
powers. The former had publicly declared over
and over again that they would never permit a
Habsburg to return to the Hungarian throne, but
had inserted no such provision in the Treaty.
Count Apponyi took the line " that Hungary does
not recognise any conditions but those of the
Covenant and would not give any special assurance.
Hungary would prefer remaining outside the
League to lacking in national dignity." From
the point of view of the League he was probably
right, and if the Great Powers had voted against

the admission of Hungary on these grounds, they
would have assumed an indefensible attitude.
This is a striking testimony to the way in which
the Covenant serves to assuage the harshness of
treatment meted out to enemies.

None the less, the majority of delegates did
not seem happy about the question, and the
second Persian delegate, Zoka-Ed-Dovleh, was felt
to have brought the wisdom of the East to bear
on the West, when he remarked that to leave
Hungary outside the League rendered very difficult
the settlement of questions like disarmament,
transit or frontier disputes, and even risked the
establishment of another League. Everyone felt
this, yet everyone was relieved when two days
after (September 24) Count Apponyi finally an-
nounced the postponement of the demand for
Hungary's admission to the League.1

(e) General Conclusions

It is not easy to exaggerate the importance of
the power placed in the hands of the Assembly by
its ability to refuse or to accept claimants for ad-
mission. Acceptance confirms or increases the
independence and stability of a new state ; refusal
correspondingly discredits it. The conditions of
admission impose on the applicant state the
necessity of limiting its armaments, of executing

1 The recent second attempt of the ill-advised Karl to return
to Hungary has served only to injure his country, to embitter
her external relations, and to delay her entry into the League.

THE ADMISSION OF NEW STATES 45

its international engagements, of liberalising its
Government, and in most cases also of protecting
its racial minorities. Thus admission to the
League is not only a welcoming of the state into
the family of nations, but a certificate of good
conduct as well. All previous recognising
authorities have never disclosed their reasons
for recognition. The League, by disclosing its
reasons, at once deters states from applying until
they have reached the required standards, and
encourages them to apply when they have. The
bracing moral atmosphere of the tests applied to
claimants for admission would indeed not be
without advantage if applied to certain original
members of the League. If some of these were
now to ask for admission, it would be interesting
to know if Persia would pass the test of a free
government, if Rumania would be approved for
her attitude towards racial minorities, if Poland
would be considered as having fulfilled her inter-
national obligations, and if the Serb-Croat-Slovene
kingdom would be declared to be limiting its
armaments. Some of the original members are
very happy in that they can apply tests to others
to which they might not always themselves be
willing to submit.

A final word may be said on the question of
small states. The Committee dealing with Con-
stitutional Amendments at the Second Assembly
debated long as to whether certain small states
which were not admitted as members, like Monaco,

46 THE SECOND YEAR OF THE LEAGUE

San Marino and Liechtenstein, could be associated
in some way with the League. On the whole,
though with regret and hesitation, they decided
against this view, or, as they sagely phrased it,
" decided to await the results of experience."
It is, however, of interest that they confirmed the
resolution of the First Assembly (December 17,
1920), that certain " sovereign states, by reason of
their small size, could not be admitted as ordinary
members." It is important that the League has
therefore taken size as a test, not of statehood
primarily indeed, but of League membership.
Such a test may have far-reaching results in decid-
ing what communities have a right to " self-
determination." l

1 I find this prophetic note in an unpublished fragment
by Lord Acton in the Cambridge University Library : " The
[French] Revolution established the right to make one's own
government " (i.e,, to self-determination). " Who has the
right ? Not every part of a country. Not [La] Vendee, for
instance [in France] but Ireland" The passages in brackets
and the italics are my own.

THE COURT OF PERMANENT INTER-
NATIONAL JUSTICE; AMENDING THE
COVENANT !

I. THE COURT or JUSTICE

(a) The Project of the Court and its Acceptance
by the First Assembly, December 13, 1920

THE creation of a Permanent Court of Inter-
national Justice is the most ambitious attempt
of the League. It is on different lines from the
Permanent Court of Arbitration at the Hague.
In an arbitration the parties are free to have
recourse to judges of their own choice. More-
over, the Hague Court is in one sense not really
permanent. The new Court was to be always
available, with a limited number of judges holding
regular sessions, giving their decisions not on
rules laid down by the parties, but generally
according to principles of law and international
law. Such a Court can ultimately, if successful,
not only develop, but create, a permanent inter-
national jurisprudence.

1 I owe much here to an explanatory paper prepared by M.
Hammarskjold of the League Secretariat and published by the
League.

48 THE SECOND YEAR OF THE LEAGUE

The Hague Conference in 1907 created a Court
of Permanent Arbitration, but failed to create a
Court of Justice. The League was bound to attempt
to do so by Article 14 of the Covenant : " The
Council shall formulate and submit to the Members
of the League for adoption plans for the establish-
ment of a Permanent Court of International
Justice. The Court shall be competent to hear
and determine any dispute of an international
character which the parties thereto submit to it.
The Court may also give an advisory opinion
upon any dispute or question referred to it by
the Council or by the Assembly." 1

The new Court was intended fundamentally to
be judicial and not arbitral. The great objection
to such a court is that it does not permit all
sovereign states to be represented on the judicial
bench, and therefore might tend to favour the Great
Powers. On the other hand, under Article 13 of
the Covenant, the Court is only competent to
determine disputes which parties thereto sub-
mit to it. The framers of the Covenant seem
to have meant the Court to be one of Justice,
not Arbitration,2 but intended it to act as an

1 The original draft of this article was : " The Executive
Council shall formulate plans for the establishment of a per-
manent court of international justice, and this court shall, when
established, be competent to hear and determine any matter
which the parties recognise as suitable for submission to it for
arbitration under the foregoing Article."

* This is now confirmed by proposed drafting amendments to
Arts. 12, 13, 14, and 15 of the Covenant, which add the words,
" or judicial settlement " to the word " arbitration " wherevei
it occurs.

THE COURT OF JUSTICE 49

arbitrator at the request of the parties. They
intended it to be permanent and accessible, and
to be provided with judges chosen for personal
distinction, not for nationality, and meant the Court
to judge according to law.

Eventually, on June 16, 1920, a Committee of
Jurists was appointed to draw up a scheme.
That eventually adopted was really drawn up by
Lord Phillimore and Elihu Root (U.S.A.). This
report was ultimately much revised under the
influence of M. Bourgeois (France) and of M.
Caclamanos (Greece), who reported on the scheme
to the Council at Brussels, October, 1920. Much
further revision was undertaken in committee,
and finally the protocol establishing the Court
was unanimously approved by the First Assembly
at Geneva, December 13, 1920. x

The features of the scheme can only be generally
indicated here. The Court is to frame its own
rules of procedure, but to be guided generally by
the rules by which tribunals of arbitration function
under the Hague Conventions. French and English
are to be the official languages — a very important
point for an Englishman to note, as French was
originally proposed as the sole language. Publicity
is strongly recommended, but not made absolute.
In respect to judgment, this Court, for the first
time as regards international jurisdiction, can
pronounce judgment by default. Probably this

1 Vide Appendix II.

50 THE SECOND YEAR OF THE LEAGUE

will only occur in the case of one of the parties
not appearing. The Court has also the unusual
power of making public the divergent views of
the judges, with their reasons. This enables each
judge to state the standpoint of the legal system
which he represents, if he deems it necessary.
The decision of the Court has no binding force
except between the parties and in the special
case. Previous judgments will only have a value,
therefore, as indicating, and not as deciding, the
new judgment. Where the interpretation of an
international convention is concerned and when,
in such case, a third party intervenes, the in-
terpretation will bind all parties concerned. The
judgments of the Court can be revised in the case
of the discovery of new facts, and in any case are
final after ten and a half years.

The system or rules of law to be applied are, of
course, of great importance. One thing is certain,
the system is not arbitrational. The general
position is well stated by Hammarskjold :

" The Statute of the Permanent Court once and
for all lays down that the Court shall apply inter-
national conventions in so far as they can be
considered as establishing rules expressly recog-
nised by the litigant states. Side by side with
such conventional law, international custom and
the general principles of law recognised by civilised
nations will be made use of — that is to say, general
international law in force. It is for the Court
itself to make out what is international law, and

THE COURT OF JUSTICE 51

it is in this domain that the jurisprudence of the
Court will have its greatest importance as a means
of codifying the law of nations. It is expressly
stipulated that judicial decisions and the teachings
of the most highly qualified publicists of the
various nations may be taken into account, but, as
has already been said, in the case of precedents,
only as indicative and not as decisive factors.

" Attention should be drawn to the fact, already
mentioned, that the Advisory Committee of
Jurists that sat at The Hague recommended the
convocation of Conferences of International Law
mainly because it was considered that it would be
extremely useful, not to say necessary, for the
Court to be able to avail itself of a body of written
rules. The Assembly's decision to discard this
recommendation largely increases the importance
of the role of the Court in creating International
Law by its jurisprudence.

" To the Article concerning the material rules
to be applied, the Assembly added the right for
the Court to decide a case ex aequo et bono, if
the parties thereto agreed. Of course, this stipula-
tion will have to be interpreted according to its
wording, and this wording certainly gives the Court
the power to act as an arbitrator, should the parties
so decide. The stipulation is therefore the con-
firmation of the prima facie opinion on the
character of the new Court which, as has been
explained in an introductory way, was conveyed
to any student of Article 14 of the Covenant

52 THE SECOND YEAR OF THE LEAGUE

and of its precedents — namely, the opinion that
the Court should be a judicial institution with
the right to act as an arbitrator.

" However, if one may look behind the actual
wording and to the intentions of the framers of
the stipulations, it should be noted that those
intentions certainly were to enable the Court to
render what, in French law, is called ' jugements
d' accord,' that is to say, to confirm by a judgment
an agreement reached between the parties." J

The Court includes within its jurisdiction the
disputes submitted to it by parties. Secondly,
the Court has jurisdiction in all matters provided
for in treaties and conventions. These are already
considerable. In the case of difference between
a principal allied power and a power who has
signed a Minority Treaty or Minority Clauses
(vide Chapter V. passim), over the meaning of
such articles either in law or fact, appeal lies to
the Permanent Court of Justice, whose decision
shall be final.2 A large number of appeals are
provided for under the clauses relating to Inter-
national Labour, which appear in all the Peace
Treaties, and under those relating to Ports —

1 As regards the personal competence of the Court, it appears
that advisory opinions can only be given to Council and to
Assembly. Only states and members of the League (i.e., states,
dominions and self-governing colonies) can be parties to dis-
putes. States, not members, may have special conditions
imposed on them by the Council, but these are purely financial.

* Vide Austrian Treaty, Art. 69, Hungarian, Art. 60, Bulgarian,
Art. 57, and the Rumanian, Polish, Czecho- Slovak, Serb-Croat-
Slovene, and Greek Minorities Treaties:

THE COURT OF JUSTICE 53

Waterways and Railways. Similar appeals are
sure to multiply in the future.

(b) The " Compulsory Jurisdiction " Clause

The question of compulsory jurisdiction awakened
lively discussion in committee. The Committee
of Jurists had proposed to apply this originally to
practically all questions of a legal nature. They
found wide support in the Assembly, but the
proposal was eventually quashed by the Council,
i.e., by the influence of the Great Powers. Ul-
timately an optional clause was introduced en-
abling such states as wished to bind themselves
to the principle of " compulsory jurisdiction " on
condition of reciprocity, for such time as they
deem fit, and with regard to the same kind of
disputes described under Article 13 of the Covenant
as being generally suitable for arbitration.1

The enumeration given in the note deals with
the whole field of international disputes except
these which are really political. Moreover, a
power which signs the optional clause, in effect
signs a convention between itself and all others
who have signed this clause, creating a binding
obligation to accept the compulsory jurisdiction
of the Court— subject to the limits specified — of

1 E.g., legal disputes over the interpretation of a treaty,
concerning any question of international law, concerning the
existence of any part which, if established, would constitute a
breach of international obligation, and concerning the nature
and extent of reparation for such a breach.

54 THE SECOND YEAR OF THE LEAGUE

validity and reciprocity. Such states do not,
therefore, need the special clauses of a treaty or
convention to arraign one another before the
Permanent Court. Herein clearly is the germ of a
very great development. The number of states
who had accepted this clause was seven in June ;
it had risen in October to thirteen, including
Denmark, Norway, Sweden and Switzerland. Sig-
nificantly enough, no Great Powers have yet
signed.

The three Scandinavian Governments also pro-
posed amendments to Articles 12-13 and 15 of
the Covenant, which would have had the effect of
making reference to the Court of Justice or to
Commissions of Arbitration or to arbitration
generally a more imperative duty for members
of the League, and would have withdrawn the
process of settlement by arbitration or conciliation
from the Council and Assembly on the ground that
the Council is too political and the Assembly too
large to deal effectively with these matters. These
proposals were politely rejected by the First
Committee.

There is no fear but that the Court will have
plenty of work to do ; the fear is as to what its
decisions will be and how far they are likely to
be accepted. Untrammelled by inconvenient
precedents these judges have the grand possi-
bility before them of creating, for the first time
in history, a proper standard of international
justice.

THE COURT OF JUSTICE 55

So far we have dealt solely with the construction
of the project and its acceptance by the First
Assembly. The even more difficult work remained
of getting the machinery into working order.
This was considerable, for it was one thing to get
the League Assembly to accept the protocol of
the Court of International Justice and quite
another to get the individual states to sign and
ratify it. To her eternal honour Sweden led the
way in ratification (December 21, 1920). It
was not a lead that was followed rapidly, and
little attention seems to have been paid to the
matter in Great Britain until Lord Robert Cecil
raised the question in Parliament. On June 21
the Secretary-General reported that 38 States had
signed but that only four had ratified it, and that 24
ratifications were necessary before the next session
of the Assembly to enable the Court to come
into existence. These were ultimately secured,
and shortly after the opening of the Assembly
the number of ratifications rose to 30. It was
therefore possible to proceed to the election of
judges.

The judges were to be 11 in number, with four
deputy- judges. Nominations had already been
made. Election was to be by a curious joint
system, the Council and the Assembly each elect-
ing, the former in private, the latter in public,

56 THE SECOND YEAR OF THE LEAGUE

and arriving at agreement by comparing results.
On September 14 results showed that both the
Council and the Assembly agreed on nine judges,
who were accordingly declared elected. The
Council had refused to accept Alvarez (Chile)
and Huber (Switzerland). After a further vote
of the Assembly Huber (Switzerland) and Nyholm
(Denmark) were chosen and elected by the Council.
A vigorous attempt was then made by the Assembly
to choose Alvarez (Chile) as a deputy-judge. This
was opposed by the Council, whose candidate
was Descamps, of Belgium. Finally, after many
ballots and much heat, Beichmann of Norway
was elected. The total list therefore ran as
follows :

Deputies.

NEGULESCU

YOVANOVICH

BEICHMANN

WANG

In Lord Finlay and Bassett Moore jurists of
the first rank were certainly chosen, and Altamira,

Brazil

Judges.
BARBOZA

Cuba

BUSTAMANTE

Latin group

(6).

France
Italy
Rumania

A. WEISS
ANZILOTCT

, Spain

ALTAMIRA

Slav group (1 )

Serb- Croat- Slovene

( Denmark
Germanic and 1 Holland
Scandinavian 1 Norway
(4) ( Switzerland

NYHOLM
LODER

HUBER

Common Law
group

United States
Great Britain

MOORE
VISCT. FINLAY

Asia (2)

Japan
China

ODA

THE COURT OF JUSTICE 57

though not a jurist, is one of the first of historians.
The responsibility lies on other nations for not
nominating more eminent jurists. The Latin
races, whose system of law is relatively uniform,
have obtained an over-representation, whilst the
common law, which controls hundreds of millions
of men, is represented only by two. Sir Robert
Borden and Ameer Ali (India) were not elected,
so that neither our self-governing dominions nor
the whole system of Mohammedan law have any
direct representative. A Yugo-slav represents all
Slavonia, a Switzer all Germanic law ; Magyar law
is not represented at all. " Because thou dost not
dream thou needst not then despair." We may
perhaps solace ourselves with Briand's message
(September 20) : " There is no doubt that this
High Court, so constituted . . . will establish
the rule of law (le regne du droit) between the
nations. "

II. AMENDING THE CONSTITUTION
(a) General

The Covenant was a brilliant improvisation
drawn up at the Peace Conference in a few weeks
by a Commission working at red-hot pressure.1
It was made in the main by statesmen and not by
lawyers, whom President Wilson did not love.

1 A good instance of this is the serious divergencies of the
French and English texts.

In result many of its clauses have a vague or semi-
political meaning. This fact has been of a certain
advantage, for the conditions under which the
Covenant was drawn up were such as to make
precision dangerous. It resembles Napoleon's ideal
of a constitution, which was that it should be
" short and obscure." The Covenant is certainly
both. It contains hardly a sentence, certainly
no one article, whose meaning is absolutely clear
Consequently its body is naturally the place
where the legally-minded vultures will be gathered
together. This is as it should be ; there is no
harm if they pluck off the feathers, but they must
not destroy the bird. In a cosmopolitan com-
mittee full of men proud of their legal subtlety,
there is an uncommon danger of this kind. Most
fortunately the Council, on request of the First
Assembly, appointed a Committee to study and
report on proposed amendments, which selected
Mr. Balfour as chairman. To a mind of a
subtlety equal to the most clear-seeing lawyer,
the British delegate added a far-seeing political
vision, and the result was that his whole effort
was bent, and as it proved successfully, towards
making the Covenant a living force and one
capable of amending and renewing its life.
A mere lawyer might have stifled it with
subtleties.

The Committee held its first session on April 6,
1921, but no serious amendments could come up
to be voted on until the Second Assembly met.

THE COURT OF JUSTICE 59

One amendment to Article 1, concerning the
admission of states, was reported on adversely by
the Committee (September 30) as has already
been told elsewhere (Chapter III., Sect. e). It
would have involved a transformation of the
nature of the League and would have admitted
Germany without satisfying the League that she
had passed the tests previously required for
admission.

In striking contrast to this Amendment to
Article 1 (which, if carried, would have transformed
both Covenant and League) stood the question
of the conditions of voting on and the ratification
of amendments to the Covenant. This was ob-
viously crucial, for, if the Covenant could not be
amended or revised, it would be confined in a
strait-waistcoat which would ultimately suffocate
it. Certainly, if we may change the metaphor,
asphyxiating gas lurked in Article 26. It runs
as follows (first par.): "Amendments to the
Covenant will take effect when ratified by the
members of the League whose representatives com-
pose the Council and by a majority of members
of the League whose representatives compose the
Assembly."

This of course refers only to the conditions of
ratification needed to bring an amendment into

60 THE SECOND YEAR OF THE LEAGUE

force. Does it also refer to voting in the Assembly
or not ? If it does, the constitution is flexible and
can be amended. If it does not, the vote of the
Assembly is governed by Article 5, which provides
that its vote must be unanimous unless otherwise
expressly provided. The danger of unanimity
being necessary to amendment was therefore a
very real one.

Mr. Balfour at once drew the attention of the
Committee to this danger (September 23). He
pointed out that it was a possible interpretation of
this clause that a single recalcitrant state could
prevent amendment. That was a juristical con-
clusion which he, though not a jurist, would
oppose. In the first place he brought evidence
to show that the actual wording was incorrect.
President Wilson, in a speech introducing the
Covenant in its final form, April 28, 1919, said :
" Article 26 permits the amendment of the
Covenant by a majority of the states composing
the Assembly, instead of three-fourths of the
states, though it does not change the requirement
in that matter with regard to the vote in the
Council." * This utterance was not contradicted,

1 Vide also the British Official Commentary, Cmd. 151 (1919)
p. 19 : " The provisions of Article XXVI. facilitate the adoption
of amendments to the Covenant, seeing that all ordinary deci-
sions of the Assembly have to be unanimous. ... It is the
facility of amendment ensured by this article, and the absence of
restrictions on the activities of the Assembly, the Council and the
Secretariat, which make the constitution of the League flexible
and elastic, and go far to compensate for the omissions and defects
from which no instrument can be free that represents the fusion
of so many and various currents of thought and interest."

THE COURT OF JUSTICE 61

and is really decisive as to intention ; and its
tenor was confirmed by Mr. Doherty, the Canadian
Chief Justice. Mr. Balfour therefore held that the
intention of the framers of Article 26 had been to
permit amendment of the Covenant either by a
simple majority or a three-fourths majority, and
not to insist on unanimity. Any process of
amendment should be to assist and not to
strangle. Every living organism must grow and
expand. States can hardly approve a Covenant
which is subject to no process of amendment
like their own Constitutions. " Even the Coven-
ant was not the result of an inspiration." Any
defect the Covenant may contain must be-
come doubly dangerous when it is evidently
irremediable.

A lively discussion ensued. France had special
reasons for not wishing the Covenant to be changed,
and M. Noblemaire insisted on unanimity. He
was supported by Struycken, of the Netherlands,
from a purely legalistic standpoint. Otherwise
the discussion generally favoured Mr. Balfour's
view. One point emerged clearly, viz., that the
sovereignty of states was in no way infringed by
amendment by a bare or a three-fourths majority.
For under Paragraph 2 of Article 26 " no such
amendment shall bind any member of the League
which signifies its dissent therefrom, but in that
case it shall cease to be a member of the League."
The sovereignty of states was not at stake, but a
means of bringing moral pressure to bear on them

62 THE SECOND YEAR OF THE LEAGUE

was. A representative of a state would feel the
atmosphere of an Assembly, if three-fourths could
carry the day against him. But if he alone could
veto all proceedings, like a Polish nobleman at the
old Polish Parliament, he might be actually
encouraged to do so. On the other hand, no
state would lightly refuse to accept an amendment
if refusal carried with it withdrawal from the
League.

The discussion was not finished in a day, and
countless counter-proposals were drafted. One
home-thrust by Mr. Balfour told on his too juristic-
ally minded opponents. " If amendments are
impossible, why have we spent all this time con.
sidering them ? " This brought the Committee
to a full sense of its dignity, and eventually a
compromise, satisfactory to all, was arrived at.
The Committee finally, on September 29, brought
forward a recommendation, a resolution, and a
decision on procedure. The Committee decided
to " recommend to the delegations not to pass
during this session any resolution of amendment
unless it receives a three-fourths majority (of the
Assembly), amongst which must be included the
votes of all the members of the Council repre-
sented at the meeting." The resolution, the
result of an ingenious compromise between the
Rumanian Negulescu and the Dutchman,
Struycken, was an amendment of Article 26, as
follows : " Amendments to the present Covenant,
the text of which shall have been voted by the

THE COURT OF JUSTICE 63

Assembly by a three-fourths majority in which
there shall be included the votes of all the
members of the Council represented at the meeting,
will take effect when ratified by members of the
League whose representatives composed the
Council when the vote was taken, and by the
majority of those whose representatives formed the
Assembly.

" If the required number of ratifications
shall not have been obtained within eighteen
months after the vote of the Assembly, the
proposed amendment shall remain without
effect.

" The Secretary-General shall inform the mem-
bers of the taking effect of an amendment.

" Any member of the League which has not at
that time ratified the Amendment is free to notify
the Secretary-General within a year of its refusal
to accept it, but in that case it shall cease to be a
member of the League."

Lastly there was a decision on procedure. " The
Committee requested its rapporteur to draw the
Assembly's attention to the fact that it is most
desirable that the vote on the proposed Amend-
ment to Article 26 should be unanimous in order
that this vote may have all the authority that
could be wished."

In other words, the Assembly ought to recognise
that, as the legal position was doubtful, the Amend-
ment of Article 26 must be carried unanimously.
The Assembly rose to the occasion and carried the

64 THE SECOND YEAR OF THE LEAGUE

resolution unanimously on October 3, though
there were 14 abstentions.

Though it was largely an unseen crisis, this was
one of the most real ones in the history of the
League. The pedantic lawyers and the lovers of
juristic technicalities had had a dangerous op-
portunity. In all probability the original framers
of Article 26 meant that amendments should be
carried by a simple, certainly by a three-fourths,
majority of the Assembly. This unfortunately
was not what they said, or rather, wrote. A
careless verbal slip therefore threatened the life of
the Covenant. Owing largely to Mr. Balfour's
intervention this danger was averted. The Cove-
nant still wears a tightish waistcoat and cannot
easily expand or grow, but fortunately it is not a
strait-waistcoat.

These concerned a number of topics. Some of
them were purely technical, such as those dealing
with drafting amendments to Articles 12, 13, 14
and 15 necessitated by the creation of a Permanent
Court of Justice. Others dealt with compulsory
jurisdictions j1 others dealt with such questions as
the composition of the Council. On neither of
these last two points was any definite decision
reached. A lively discussion arose about Article 10,

1 Vide supra, Chap. iv. i, Sect. 6.

THE COURT OF JUSTICE 65

which Canada wished to delete. This is the famous
Article by which " the members of the League
undertake to respect and preserve, as against
external aggression, the territorial integrity and
existing political independence of all members of
the League. In case of any such aggression or
danger of such aggression, the Council shall advise
upon the means by which this obligation shall be
fulfilled." This Article ruined President Wilson,
its author, and alienated the United States.
France, not feeling as secure as Canada against
territorial aggression, vigorously opposed the dele-
tion of this article. Ultimately, as great divergence
of opinion existed on the meaning of the Article, 1
the Committee reported in favour of taking no
action in the matter.

Interesting amendments were also proposed on
the subject of Article 16 (the Economic Weapon)
and on Article 18 (Registration of Treaties). In
neither case were satisfactory conclusions reached,
as both subjects bristled with difficulties. It
seems to be clear, however, that all international
agreements could not be registered, that exceptions
should be made in the case of technical and certain
other conventions, and that, on the whole, this
would produce more satisfactory results. As
regards the Economic Weapon — a long series of
proposals was adopted by a Resolution of the
Assembly. The Council was to express the opinion

1 It is not clear, for example, that members of the Assembly,
apart from the Council, are bound by the letter's advice.

66 THE SECOND YEAR OF THE LEAGUE

as to whether a state had broken the Covenant, and
to invite members to apply economic pressure. But
*' it is the duty of each member of the League to
decide for itself whether a breach of the Covenant
has been committed." This seems to nullify
the effect and universality of economic pressure.
Yet the threat of it brought the Serb-Croat-Slovene
state to its knees in November (vide Chapter
VIII., Sect. h).

(d) The Proposed Amendment to Article 21

Perhaps, however, after Article 26, the most
important amendment of all was that to Article 21.
The Article runs as follows : " Nothing in this
Covenant shall be deemed to affect the validity of
international engagements such as treaties of
arbitration or regional understandings like the
Monroe Doctrine for securing the maintenance of
peace." To which the Czecho-Slovak Govern-
ment proposed to add :

" Agreements between members of the League
tending to define or complete the engagements
contained in the Covenant for the maintenance of
peace or the promotion of international co-opera-
tion, may not only be approved by the League,
but also promoted and negotiated under its
auspices, provided these agreements are not in-
consistent with the terms of the Covenant.

" Special Conferences of the members of the

THE COURT OF JUSTICE 67

League concerned may be summoned for this
purpose by the Council or by the Assembly."

This project, which was obviously due to Dr.
Benesh, was wise and statesmanlike. He had
concluded agreements with Rumania and the
Serb-Croat-Slovene state for enforcing the Austrian,
Hungarian and Bulgarian Treaties. These are
known as the " Little Entente." Dr. Benesh
thought small leagues or alliances inevitable and
preferred them to be negotiated under the auspices,
and thus to some extent under the control, of the
League. It seems that this was a sound pro-
posal. China had formulated, but did not press,
an amendment to remove the phrase " regional
understandings," or to add a proviso that such
understandings were not to be detrimental to
the interests and rights of other members of the
League not parties to them. Dr. Benesh's amend-
ment would have provided for the latter. It
was based on the realisation of the unpalatable
fact that a general league had, in effect, broken
down, and that ententes and alliances were growing
up within it. Dr. Benesh proposed to deal with
" leagues within the League " by making the
Assembly approve of them. This suggestion was
eminently wise and practical. It meant that
certain groups of states had regional interests and
that these should be pursued under the aegis of
the League. It is almost a federalist principle,
and was emphasised at the Barcelona Conference
on Transit in March-April of 1920. It found

68 THE SECOND YEAR OF THE LEAGUE

support both among many members of the League
and in the Press. On the whole, however, the
First Committee decided that the time was not
ripe for this interesting proposal to be practically
accepted.

MINORITIES AND MANDATES

Two of the noblest functions of the League are
the protection of those placed under alien rule —
whether they be the backward races of mankind
or relatively civilised racial minorities. The task
is in each case one of the greatest delicacy and
difficulty, and one which the League is particularly
qualified to undertake, for it demands permanent
supervision by an expert staff and the collection
and systemisation of information. Such tasks
can best be undertaken by a neutral and inter-
national body, and it is, in fact, of considerable
interest that the member of the Secretariat dealing
with Minorities is M. Colban, a Scandinavian, and
the one dealing with Mandates Professor W. E.
Rappard, a Switzer, whilst the majority of the
Permanent Mandates Commission is composed of
representatives of powers not directly interested.

I. MINORITIES l
(a) Previous Precedents

The position as regards protection of racial
Minorities is a curious one. Ever since 1830, as

1 Vide an excellent article in History of Peace Conference,
vol. v., chap, ii.

70 THE SECOND YEAR OF THE LEAGUE

the liberation of the Balkan States proceeded, the
Great Powers had pursued the practice of not
recognising new states like Greece, Rumania,
etc., without exacting from them pledges in the
form of international agreements to protect the
racial or religious minorities acquired by these
new, but not always highly civilised, states. In
origin the aim was to protect Mohammedans
against the Christian bigotry of the newly-formed
states. But, as Greece hated Slavs, and vice versa,
and as every Balkan race hated the Jews, pro-
visions for protecting other races were gradually
inserted. A practically complete protective
system, guaranteed by the Great Powers, had
been evolved and was endorsed by the Congress
of Berlin in 1878 and applied to Greece, Servia,
Rumania and Bulgaria. The Sultan was also
induced to give a general undertaking to protect
his Christian subjects. The Balkan war of
1912-3 added new territory to the Balkan States,
but, though they undertook no new obligation
for protecting the new racial minorities they
acquired, it is clear that the Congress of Berlin
arrangements were still regarded as in force.

(b) Minorities Treaties Agreed upon by the
Peace Conference

At the Peace Conference in 1919 all the enlarged
states of Central and East Europe, like Rumania,
the Serb-Croat-Slovene kingdom, and Greece, and

MINORITIES AND MANDATES 71

the new states, like Poland and Czecho-Slovakia,
received immense territories and large blocks of
alien races and religions. Racial passions were
so heated in the war that it was clearly the duty
of the principal powers, who had conquered and
could dispose of these territories, to exact pledges
from these respective countries before handing
over to them the alien populations. A series of
Minorities Treaties was thereupon prepared.
Czecho-Slovakia — to her very great honour —
made no difficulty about signing her Treaty.
Greece made very little, and Poland was not in
a position to resist, because she was presented
with the necessity of signing a pledge to protect
her minorities at the same time as she received
recognition of her existence by international agree-
ment in the Treaty of Versailles. The Polish
Minorities Treaty only came into force on January
10, 1920. Rumania and the Serb-Croat-Slovene
state made a great resistance, and they did not
finally surrender and sign their respective Minorities
Treaties until December, 1919. The Czecho-
slovak,1 the Serb-Croat-Slovene and Rumanian
Minorities Treaties apparently came into force
before the end of 1920. But the Council of the
League — curiously enough — appears to have held

1 By this time the Serb-Croat-Slovenes, the Czecho-Slovaks
and Rumanians had all ratified, and two of the four principal
powers in each case. As there were no special conditions of
ratification inserted in these treaties, these would appear
sufficient.

72 THE SECOND YEAR OF THE LEAGUE

that the Rumanian Treaty was not in force until
the summer of 1921.

It is obvious that an international guarantee for
the Protection of Minorities is very difficult to
enforce. All the Treaties declare such protection
to be "an object of international concern," and
no such obligations can be modified without the
consent of a majority of the Council of the League.1
At the same time it is quite clear that, unless the
matter is very carefully handled, well-intentioned
busybodies or ill-intentioned mischief-makers
might make unfounded accusations against a
Government with impunity. The provision in
these Treaties that a member of the Council of the
League has the right to draw the attention of the
Council to " any infraction, or danger of infraction,
of any of these obligations," does not entirely
meet the case. This does not prevent a false or
partisan accusation being made against a state,
and the original story may get a start of the
denial. To avoid these difficulties a procedure,
suggested originally at Brussels, October 22, 1920,
was adopted and extended to Czecho-Slovakia

1 By an interesting provision in all these Treaties, e.g., Art.
12, Rumanian Treaty, " the United States, the British Empire,
France, Italy and Japan agree not to withhold their absent from
any of these Articles which is in due form assented to by a
majority of the Council of the League of Nations."

MINORITIES AND MANDATES 78

and Poland by the Council on June 27, 1921.
Petitions concerning protection of religious and
racial minorities from petitioners, other than
members of the League, are to be communicated
to the State concerned. Within three weeks the
state concerned must answer the petition or
declare that it has no comment to make. It is
only then that the petition will be communicated
by the Council to the Members of the League
generally. If the state concerned wishes to
submit comments, a further period of two months
is permitted it and the petition with the comments
will then be transmitted to the members of the
League. Czecho-Slovakia and Poland immediately
adopted this procedure. The Serb-Croat-Slovene
state refused to adopt it, and preferred the pro-
cedure of October 22, 1920, which M. Spalaikovio"
expressed to the Assembly as follows on September
9 : " We accept the position that the Secretary-
General should inform all the members, who are
represented at the Council, of the petition, but
we cannot accept the position that such com-
munications should be circulated to any member
of the League, because it is impossible for us to
control the consequences of such widespread
publicity."

The matter did not end here. Professor
Gilbert Murray, third delegate for South
Africa, brought forward a motion on September
12, asking for a " Permanent Commission to
consider and report upon complaints addressed

74 THE SECOND YEAR OF THE LEAGUE

to the League on this matter, and, where necessary,
to make enquiries on the spot." This would
have represented a considerable advance even on
the procedure adopted by Poland and Czecho-
slovakia. The proposal was referred to a Com-
mittee, which finally asked Professor Murray to
withdraw his motion (which he did), and affirmed
the procedure of the Resolution of the Council of
October 25, 1920. This enables petitions to be
considered by the residents and two members of
the Council, and enquired into, to see if there is
infraction or danger of infraction of the clauses
of the Treaties for the protection of Minorities.
Professor Murray's action, though withdrawn, had
served the useful purpose of enabling the Assembly
(and incidentally the public) to take note of the
procedure in vogue.

(rl) Agreements for the Protection of Minorities

Negotiated by the League. Finland and

Albania

By a resolution of the First Assembly of Decem-
ber 15, 1920, it was provided that, " in the event
of Albania, the Baltic and Caucasian States
being admitted to the League, the Assembly request
that they should have the necessary measures to
enforce the principles of the Minorities Treaties,
and that they should arrange with the Council
the details required to carry this object into effect."
Albania and Finland were admitted as new states

MINORITIES AND MANDATES 75

by the First Assembly, and it became necessary
to put this resolution into effect with regard to
them. The problem was a new one, for the
previous Minorities Treaties had been negotiated
between the Principal Powers and the states
concerned. It was only when the Minorities
Treaties came into force that the League became
their guardians. In the case of Albania and
Finland, the League negotiated everything from
the first. As, however, the League is neither a
state nor a super-state, it cannot negotiate a
treaty with anyone, and had to be content with
extracting a solemn and signed declaration from
Albania. Finland escaped very lightly. The
Council reported that the Constitutional Law of
Finland contained full stipulations covering all
that was demanded for the protection of religious,
racial or linguistic Minorities in the ordinary
treaties. The only exception to this was in
regard to the Aaland Islands, whose Swedish
population had been specifically placed under the
guarantee of the League by a resolution of the
Council (June 27, 1921), which also provided in
certain circumstances for action to be taken by
the League. Generally speaking, the Council held
that the position of Finland, as regards Minorities,
was quite satisfactory (Resolution, October 2,
1921). As a whole, this was a generous view to
take. It appears that only in 1918 were laws
passed putting the Jews on an equality with other
citizens, and, under the circumstances, a declaration

76 THE SECOND YEAR OF THE LEAGUE

might have been more satisfactory than a general
assurance of this kind. If a declaration had been
made by Finland to the League, it could not have
been abrogated in a hurry. But an anti-Semitic
wave in Finland might cause a law to be repealed
in a hurry. The existence of a declaration would
have enabled a tolerant or liberal ministry in
Finland to avoid giving way speedily to mob-
pressure. Without such an instrument they may
be helpless.

The question of Albania offered some difficulty,
for the Greek Minority in Albania is strong in
culture and vehement in national feeling. The
Greeks demanded, therefore, that very special
protection should be given to their Minority in
Albania. They particularly demanded that Greece
should have a right to complain direct to the
Council in such case, instead of having to get a
member of the Council to make her complaint for
her. It was not felt possible to accede to this
request, but, by putting together all the different
devices for the protection of Minorities in any
Treaty, reasonable security was given to the
Greeks. Albania signed a Declaration on Sep-
tember 22, 1921, which was, in effect, a Minorities
Treaty. Apart from the general provisions, there
were several interesting articles. One provided
that " an electoral system giving due consideration
to the rights of racial, religious and linguistic
Minorities will be applied in Albania." Another
provided that " within six months from the date of

MINORITIES AND MANDATES 77

the present Declaration detailed information will
be presented to the Council of the League of
Nations with regard to the legal status of the
religious communities, churches, convents, schools,
voluntary establishments and associations of racial,
religious and linguistic Minorities. The Albanian
Government will take into account any advice it
might receive from the League of Nations with
regard to this question." It was also stated at
the same time, though not inserted in the Declara-
tion, that Albania would not object to a commission
of enquiry or inspection being despatched by the
League, if it was deemed necessary. It was,
however, provided in the Declaration that any
dispute between a member of the Council and
Albania should be a dispute of an international
character under Article 14 of the Covenant, and
should be referred, on the demand of either party,
to the Permanent Court of International Justice,
whose decision shall be final, and have the same
force and effect as an award under Article 13 of
the Covenant. A similar article exists under all
the Minorities Treaties as such.1

Hitherto no Power of the first rank has been
asked to sign Minorities Treaties. It is a curious

1 Declarations similar to the Albanian will have, in due course,
to be extracted from Esthonia, Latvia and Lithuania.

78 THE SECOND YEAR OF THE LEAGUE

fact that, when Italy acquired large new territories
in the 'fifties and 'sixties, no such stipulations
were demanded by the Great Powers, nor were
they in 1919. But the result of the Upper Silesian
award has necessitated a change in this policy.
In making a political division of this territory,
provision was also made for an Economic Union
for a period of fifteen years. In the Polish zone
of Upper Silesia, Poland was bound by her
Minorities Treaty to give all rights and equality
of treatment to German nationals, whereas Ger-
many was not so bound to respect the rights of
Polish nationals in the German zone. Hence the
Council of the League recommended, and the
Council of Ambassadors subsequently decreed,
that the principal parts of the Polish Minorities
Treaty should be subscribed to by the German
Government — " at least for the transitional period
of fifteen years ... as regards these parts of
Upper Silesia definitely recognised as part of
Germany." This was demanded by " the prin-
ciples of equity and the maintenance of the
economic life of Upper Silesia." This ar-
rangement was to be embodied in the Polish-
German Convention, which was to be placed
under the guarantee of the League of Nations
in the same way as the Polish Minorities
Treaty.1

1 Cf. Chapter VII., Sect. g.

MINORITIES AND MANDATES 79

(/) Execution of the Minorities Treaties

The practical outcome as to how far Minorities
Treaties have been rendered effective must now
be stated. Czecho-Slovakia has done the most
up to date to carry out her Minorities Treaty.
She has embodied some of the provisions in a
Language-Law, and various embittered complaints
made by Germans in Czecho-Slovakia have failed
to date to make out any substantial grievance.
Further, M. Osusky delighted the Assembly (Sep-
tember 15) by explaining in detail the measures
taken by his Government in the autonomous
province of Ruthenia, to safeguard the interests
of the Ruthenes who live there. Under Hungary
there were no State officials, and only 15 public
functionaries, of Ruthenian race. Now there are
20 out of 54 state functionaries who are Ruthenes,
including the Governor. Of other public func-
tionaries there are 91 of Ruthenian race. Under
Hungary there were 15 schools, now there are 511,
teaching the Ruthenian tongue. That seems
enough to say about Ruthenia. In Czecho-
slovakia as a whole the German and Magyar
population numbers just under 29 per cent. Their
share of primary and secondary schools, as well as
of industrial and technical institutes and univer-
sities is, in each case, slightly over 30 per cent.
In addition the electors have shown clearly that
the system of proportional voting is fairly
applied.

80 THE SECOND YEAR OF THE LEAGUE

No other country can boast so good a record as
this. The data are insufficient at present to
ascertain the facts about the treatment of Minorities
elsewhere. There have been complaints, of course,
in several countries. But there are only two
solid points which stand out. Greece has signed
her Minorities Treaty but has refused to observe
it until the Turkish Treaty is in force. This is
sufficiently disagreeable, but there is worse to be
recorded. Rumania has dispersed the Magyar
university and professors of Koloszvar (Cluj). She
has established a German faculty in the University,
in addition to the Rumanian, but has at present
made no provision for the teaching of Hungarian.
It is improbable that this, or any other flagrant
breach of the Minorities Treaties, can remain
unobserved by the League. Those who denounce
the Minorities Treaties as worthless should re-
member the resistance to signing them made by
Rumania and by the Serb-Croat-Slovene state.
If they were merely worthless scraps of paper
why should these Powers have objected to signing
them ? Again, it is evident from the utterances
and actions of their statesmen that these countries
thoroughly understand the force of publicity and
the importance of making their professions square
with their practice. These considerations make it
clear that the Council of the League has consider-
able powers, if and when it decides to use them.
Moreover, if matters are pushed a Voutrance the
Permanent Court of International Justice would

MINORITIES AND MANDATES 81

have to pronounce judgment, and that is a
verdict from which any sinning state might

shrink. l

II. MANDATES
(a) General

The whole question of Mandates is still a most
serious and very largely an unfinished one. The
situation at the meeting of the first Assembly was
that, after a considerable time, the Council received
and defined the C Mandates.2 The scope of these
is thus indicated :

C. " There are territories, such as South- West
Africa and certain of the South Pacific Islands,
which, owing to the sparseness of their population,
or their small size, or their remoteness from the
centres of civilisation, or their geographical con-
tiguity to the territory of the Mandatory, and
other circumstances, can be best administered
under the laws of the Mandatory as integral por-
tions of its territory, subject to the safeguards
above mentioned in the interests of the indigenous
population" (Art. 22 of Covenant of League).

1 The four enemy Powers of Austria, Hungary, Bulgaria and
Turkey have all had clauses for protecting Minorities insetted
in their Treaties.

2 The Powers to which C Mandates over ex-German territory
were allotted were as follows : German Pacific possessions
south of Equator (Australia), except German Samoa (New
7<ealand) and Nauru (Great Britain) ; German Pacific possessions
north of Equator (Japan) ; German South -West Africa (Union
of Africa).

82 THE SECOND YEAR OF THE LEAGUE

The Japanese Government put in a dignified
protest as to discrimination against Japanese
subjects in mandated territories. At the same
time the drafts of some of the A and B Mandates
had been forwarded to the Council.1 These are
defined as follows :

A. " Certain communities formerly belonging

to the Turkish Empire have reached a
stage of development where their ex-
istence as independent nations can be
provisionally recognised subject to the
rendering of administrative advice and
assistance by a Mandatory until such
time as they are able to stand alone.
The wishes of these communities must
be a principal consideration in the
selection of the Mandatory."

B. " Other peoples, especially those of Central

Africa, are at such a stage that the
Mandatory must be responsible for the
administration of the territory under
conditions which will guarantee freedom
of conscience or religion, subject only
to the maintenance of public order and

1 Allocation was as follows :

A Mandates : Syria and Lebanon (France).

Mesopotamia and Palestine (Great Britain).

B Mandates : East Africa, Togo and Cameroons, part

(Great Britain).

Togo and Cameroons, part (France).
East Africa, part (Belgium).

MINORITIES AND MANDATES 83

morals, the prohibition of abuses such
as the slave trade, the arms traffic and
the liquor traffic, and the prevention of
the establishment of fortifications or
military and naval bases and of military
training of the natives for other than
police purposes and the defence of
territory, and will also secure equal
opportunities for the trade and com-
merce of other Members of the League "
(Art. 22 of Covenant).

Postponement of the consideration of these
was suggested both by the British and Japanese
Governments. Finally, on February 23, 1921,
the United States, in one of the last of President
Wilson's despatches, protested to the Council of
the League against a definition of the Mandates
without previously consulting the United States.
He laid stress on three points : first, that the Island
of Yap (C Mandate) had been allocated to Japan
without the consent of the United States and
against its wishes ; second, that the draft Mandates
should be submitted to the United States before
definition by the Council ; third, that there
should be free and equal opportunities for trade
for all parties in all mandated territories. The
last was a pretty severe blow at the C Mandates,
which permitted, as in the case of Nauru, the
establishment of state monopolies by the state
(in that case the British Government) to whom

84 THE SECOND YEAR OF THE LEAGUE

the Mandate was entrusted.1 As a result of all
this, further consideration was postponed till the
League meeting in September. As Mr. Harding
had come into power the League invitation to
the United States to send a representative to the
next session of the Council remained unanswered.

(b) Powers of the Council of the League and
of the Permanent Mandates Commission

Meanwhile, however, Sir Eric Drummond, the
Secretary-General, in an interview reported in the
Times of April 7, took occasion to expound pub-
licly the powers of the League in respect to Man-
dates. The right to appoint the Mandatory
Powers and to determine their territories rested
with the Principal Allied and Associated Powers
who had acquired the sovereignty of the over-sea
possessions of Germany by the Treaty of Ver-
sailles. A paragraph of Article 22 denned their
duties as follows :

" In every case of Mandate, the Mandatory shall
render to the Council an annual report in reference
to the territory committed to its charge.

" The degree of authority, control, or administra-
tion to be exercised by the Mandatory shall, if
not previously agreed upon by the members of the

1 Vide a severe criticism of the British policy, House of
Commons, June 36, 1921. This is, however, not the case with
A and B Mandates. The latter stipulates for equal commercial
opportunities for other members of the League, though not for
the U.S.A.

MINORITIES AND MANDATES 85

League, be explicitly defined in each case by the
Council.

" A permanent Commission shall be constituted
to receive and examine the annual reports of the
Mandatories and to advise the Council on all
matters relating to the observance of the Man-
dates."

The Council had interpreted this as meaning
that in theory they had the right (in the absence
of any convention between these members) to
regulate the position of the Mandatory. In prac-
tice they had considered that the Principal Powers
should present to them draft Mandates (which
they had done in the C Class), and that the
Council was to confine its attention to seeing
that these drafts were in accordance with Article
22, and to undertake to alter them if they were
not.

The Permanent Mandates Commission, which
was to be constituted, had not, however, the
power to alter or control the expenditure incurred
in administering mandated territory. They had
simply the power to examine the annual reports,
to offer observations on them to the representative
of the mandatory power concerned, and to com-
municate them, together with his comments, to
the Council of the League. But neither the
Permanent Commission nor the Council had the
authority to impose on any Mandatory Power any
alteration in the terms of the Mandate once
determined.

86 THE SECOND YEAR OF THE LEAGUE

This refreshing dose of common sense made
the position clear to the general public. In Great
Britain the wildest ideas as to the League's powers
had prevailed, and the extreme enthusiasts were
now disillusioned. The League was not to govern
millions of men, to rule and to protect them from
crime and militarism. It was only to say they
were so protected. Meanwhile the Permanent
Mandates Commission was established on February
22. It consisted of nine members, of whom the
majority were not representatives of Mandatory
Powers, one of whom was a woman.1

Just before the Assembly met, the United States
did send a reply on the question of Mandates,
which was of a highly important and highly
confidential character. Its contents have not
been made public, but it is usually supposed that
the following summary by a brilliant journalist
is an adequate one : 2

" The contents of her Note have been known
in certain circles in London for ten days or more,
and I can indicate broadly its nature.

1 Beau (France), Ormsby-Gore (Great Britain), d'Audradc
(Portugal), Pierre Orts (Belgium), Yanagida (Japan), Madame
Anna Bugge-Wicksell (Sweden), Van Rees (Holland), Theodoli
(Italy). Governor Cameron Forbes (U.S.A.) was invited, but
declined, and was replaced by M. Ramon Pina y Milles.

z H. Wilson Harris, Daily News, Sept, 5.

" The United States Government :

(1) Reaffirms its right to be consulted as to

the disposition of any ex-German pos-
sessions.

(2) Argues that though it was never at war

with Turkey, it is entitled to an equal
voice here because without American
help against Germany Turkey would
never have been defeated.

(3) Asks that wherever equality of trade

opportunity is secured under Mandate
to all members of the League America
shall be put on the same footing.

(4) Proposes that in Syria, Palestine, and

Mesopotamia the Capitulations shall
be maintained till a new and effective
Government is in existence.

(5) Claims that no Mandate shall be revised

without the consent of America."

This reply agrees well with the tenor of the
whole American attitude and obviously was a great
embarrassment to the League.

(d) Action in the Assembly

On September 8 Lord Robert Cecil proposed a
draft Resolution to the Assembly, regretting
the delay in the definition of the Mandates A and
B, admitting that the Council was not responsible

88 THE SECOND YEAR OF THE LEAGUE

for it, but requesting a definition of the Mandates
forthwith. This was referred to a sub-committee,
which reported to Committee No. VI. on September
19. They endorsed the first part of Lord Robert
Cecil's motion, but expressed the view that the
United States' attitude rendered further delay
desirable. They thought that the A Mandates
(Mesopotamia, Syria, etc.) depended on the
Turkish Treaty being ratified, and therefore could
not be proceeded with. But the B Mandates
(East Africa, Cameroons, etc.) were different,
for they depended on the Treaty of Versailles
which was in force, and had been before the Council
since the beginning of the year. It suggested that
the Council should approve the application of the
Mandate system to Togoland and the Cameroons,
and should recognise the Franco-British declara-
tions of July 10, 1919, as decisive of their respective
spheres. The Council should further acquaint the
Mandatory Powers that, subject to modifications
in detail, they thought the B Mandates did
express " the high objects which the Covenant
has in view, and lay down, in a spirit in harmony
with that of the Covenant, safeguards for the
rights of all members of the League."

On the 20th this report was submitted for
approval to a public meeting of the sixth com-
mittee. Lord Robert Cecil made some serious
criticisms as regards British draft B Mandates :
that there was no period fixed for suppression
of domestic slavery, and that there was an

MINORITIES AND MANDATES 89

insufficient prohibition of the liquor traffic.1 He
believed, however, that on the whole the British
B Mandates, and " doubtless also the French,"
conformed to the spirit of the Covenant. He
wished to alter the resolution so as to enforce the
defining of the B Mandates at once. After various
speeches a serious passage occurred between Mr.
Fisher as British delegate and Lord Robert as
South African, the former declining to accept the
latter's proposal. Finally Lord Robert offered
not to insist on his point of view " if Mr. Fisher
could assure him that the Council would at once
ask the Powers provisionally entrusted with
Mandates to submit reports to it in conformity
with the present draft Mandates." Mr. Fisher
answered that there was no legally binding obliga-
tion, but that the British Government would not
only submit reports, but would give the permanent
Mandates Commission all the information it might
require. M. Reynald (France) gave the same
assurance and was followed by M. Poullet of
Belgium.2 This was a great triumph of moral
pressure, and cleared away from the Mandatory
Powers the dubious atmosphere in which they had
hitherto worked. It was not pleasant, even if
legal, to administer territories with a draft Mandate

1 M. Reynald (France) pointed out that total prohibition
sometimes had bad results with natives. Sir James Allen (New
Zealand) said it led some natives to brew alcohol from pineapples
with deleterious results . The latter speech was in the Assembly,
Sept. 23.

1 Some anxiety exists as to the question of military service
in French Mandated areas.

under " a sacred trust," when the supervising
authority knew nothing about it. On the whole
therefore, in thus obtaining an informal super-
vision by the Council, Lord Robert secured a notable
triumph. The resolutions, as proposed by the
sub-committee, was adopted by the Assembly on
the 23rd, and in the first days of October the
Mandates Commission met.

In the Mandates Debate (September 23) Dr.
Nansen, the Chairman of the sub-committee, lent
his great weight to emphasising the defects in the
B Mandates, which Lord Robert had pointed out.
Lord Robert himself laid great stress on the
Mandatory Powers " having agreed to answer
any question which the Mandates Commission
may ask them about their administration." He
claimed with some justice that this practically
amounted to setting up the B Mandate system.
He finally defined as its essence the two principles
of not exploiting the native, and of permitting
free commercial intercourse. M. Bourgeois also
spoke, and, as always, was listened to with deep
respect. An interesting speech was that of the
delegate of Haiti, who spoke perfect French. He
made the valuable suggestion that a native should
be associated with the Mandates Commission, and
the complimentary admission, " I wish further to
say, in the name of all coloured races, and par-
ticularly of the black races, that they have con-
fidence in the League of Nations." This formed a
suitable close to a debate which had raised the

MINORITIES AND MANDATES 91

whole Mandates question to a higher level. People
remembered with interest that Mr. Balfour, who
now heartily approved the Second Assembly's
resolution, had protested somewhat vehemently
at the First Assembly's discussing Mandates at all.
The distance travelled was evident. Owing to the
pressure of the Assembly and of Lord Robert Cecil,
the supervision of the B Mandates has really
begun, and has begun in a form to which the
United States cannot reasonably object.

THE DISPUTE BETWEEN LITHUANIA AND
POLAND

(a) Ancient History

THE story of this dispute goes very far back in
the history of the two countries. Early in the
Middle Ages the Poles became Catholics and
formed a civilised kingdom constantly subjected
to German pressure and attacks from the Teutonic
knights. Poland was in danger of extinction,
and was saved by a marriage — Hedwige, Queen of
Poland in her own right offered herself and her
crown to Jagello, the heathen duke of Lithuania,
on condition he became a Christian. Hedwige
was already betrothed, but her scruples are said
to have been overcome by the information that
Jagello was handsome. If so, the good looks of
Jagello were the salvation of Poland, and a main
cause of the present Polish situation. Jagello,
who was baptised as Ladislas, converted his
Lithuanian people and brought them to the aid of
Poland and his bride. The two peoples, fighting
together under Ladislas Jagello, defeated the
Teutonic knights, and slew their Grand Master at
the famous first battle of Tannenberg (1410)

LITHUANIA AND POLAND 93

which was as fatal to the Germans as Hindenburg's
victory was to the Russians in the late war. By
this great victory the union of Lithuania and
Poland was consummated and it was branded
indelibly on all Polish minds that Lithuania was
necessary to Poland as a defence against Germany
and Russia. It makes no difference that condi-
tions have utterly changed since then. In Polish
eyes five centuries are but as yesterday.

(b) History since the Armistice

The trouble began after the Armistice in 1918.
A sort of Government was organised by the Lithu-
anians, which expelled the Germans from their
territory but did not prevent the Poles from
occupying Vilna. On the approach of Trotsky's
armies towards the Polish frontier in 1920 the
Lithuanians made a treaty with the Bolsheviks,
occupied Vilna, and professed neutrality as between
Poles and Bolsheviks. Neutrality in any sense or
cause is not intelligible to Poles and, after they
had to their own considerable astonishment in-
flicted a crushing defeat on the Bolshevik armies
before Warsaw, they turned to deal with Lithuania.
Hostilities actually began and were only sus-
pended by an appeal made in the first instance by
the Polish Government to the- Council of the
League on September 5, 1920. Attempts were
made to adjust these differences, but they were
gravely injured by the action of Zeligowski, a

94 THE SECOND YEAR OF THE LEAGUE

Polish general, who suddenly seized the town of
Vilna by a coup d'etat (October 9, 1920). Now
the town of Vilna is important on several grounds.
To the Lithuanians it is their largest town, their
most important railway centre, and their destined
capital. The Poles see in it a Polish island of
culture amid a barbarous Lithuanian sea, a bulwark
against the Bolsheviks, and a place memorable
to Poles as the birthplace of their greatest national
hero, of their greatest poet and of their present
ruler. To Lithuania Vilna is a condition of present
existence ; to Poland it is a reminder of past
greatness.

The Polish Government hastened to disavow
Zeligowski, but their disavowals were not generally
regarded as convincing. The solving of several
similar problems has been attempted in Europe
by unauthorised and lawless adventurers, whom
respectable officials disavow. In one such case
a Government may be the victim of its unofficial
supporters, as Italy may have been with d'An.
nunzio at Fiume, or Hungary with Bela Kun at
Budapest. But in the case of Poland there have
been two violent disturbers of the peace : Korfanty
in Upper Silesia and Zeligowski in Vilna. It
becomes more difficult in two such cases to acquit
the Government of all countenance of the marauder
in question. This was instinctively felt by all

LITHUANIA AND POLAND 95

parties and greatly embarrassed the situation.
The Polish Government had announced, as early
as October, 1920, that it was about to put an end
to " this regrettable incident," but even a year
later nothing had been done in the matter. An
inter-allied military commission despatched by the
League did, however, in November, 1920, procure
the signing of an armistice and cessation of hos-
tilities between Zeligowski and the Lithuanians.

The Council of the League prepared a solution
by plebiscite to the two interested parties. The
plebiscite was to be taken in areas east of the so-
called " Curzon line," which assigned a frontier
to Poland approximately on ethnical grounds.
Thus Lithuania was to form roughly an ethnic
area, though some quarter of a million Poles would
be contained in it in scattered groups, of which
most would be in the Vilna area. The plebiscite
would show whether, in addition to these purely
ethnic Poles, there would be any pro-Poles who
wished to join themselves to Poland. l A condition
of this plebiscite, of course, was that Zeligowski
should disband his troops. So the negotiations
dragged wearily on once more, until the Lithuanian
delegate declared in despair before the Council,
on March 3, 1921, that " his Government did not
hope for the definite regulation of difficulties

1 The Lithuanians claimed that there were 20 per cent, of
Poles in the Vilna area, the Poles that there were 60 per cent.
So that even on statistics the two were not within forty per
cent, of agreement.

from a plebiscite." The point of real difference
was that the Poles wished Zeligowski and his
troops to maintain order while the plebiscite was
taken. An interesting proposal to supply an
international force for this purpose fell to the
ground, and both sides refused to demobilise their
forces. One cannot blame the Lithuanians for
this, but, tactically, they would have done better
to demobilise. Their forces were much inferior
to the Poles, and, in case of actual fighting, they
would have been easily beaten. Consequently
it was Poland, and not Lithuania, which gained by
the latter's refusal to reduce her troops to a peace
footing.

In consequence of the failure to come to agree-
ment the Council on March 3, 1921, passed a
resolution calling on the two parties to enter into
direct negotiations under the Presidency of M.
Hymans. The Conference met early in May, and
M. Hymans displayed inexhaustible patience and
ingenuity in his attempt to find a modus vivendi.
The general nature of his proposal may be in-
dicated in his own words, " The idea inspiring
me . . . was to try and establish between the
two countries very close ties, to create between
them a sort of general entente, though at the
same time respecting fully their sovereignty.
These ties will not go as far as a federation, but
they will approach it. This accomplished we
could solve the problem of Vilna, by giving it to
Lithuania, but establishing a regime in which

LITHUANIA AND POLAND 97

the rights of the whole Polish population would
be respected and where the future of Polish culture
will be fully assured." This project was accepted
by the Council on June 28, and by Lithuania,
but by Poland only with reservations as regards
Zeligowski and Vilna. M. Hymans, in a last
attempt at conciliation, summoned both parties
to Geneva at the end of August.

On September 3 M. Hymans presented a new
project of conciliation. The Lithuanian repre-
sentative raised a large number of objections, of
which some were material. The Polish repre-
sentative made further objections chiefly on the
ground that the basis of the proposal had been
changed from that of May. The Council met in
public session to discuss this question. Askenazy,
the Polish representative, a professor and a
tenacious man with a cold brown eye, reiterated
his objections, mostly of the nature of quibbles.
The Lithuanian Galvanauskas replied by a de-
nunciation of Zeligowski, whose name Askenazy.
had not mentioned, and declared that nothing
could be done till he left Vilna. Mr. Balfour then
intervened in a speech that became very famous
afterwards. He said he had " listened with
amazement to Professor Askenazy's charge that
the Council had treated ' this great question
without sufficient consideration,' when M. Hymans
has devoted week after week and month after
month to the most patient long-suffering in-
vestigation of this lamentable controversy." He

remarked that it was difficult, in listening to both
representatives, " to suppose that their main
object was to come to an agreement." He pointed
out that the challenge made by the Lithuanian
representative to the Polish about Zeligowski
" has never been taken up by the representative
of Poland and to this day it is very difficult, even
for the most impartial spectator of events, to
know precisely what the attitude of the Polish
Government is to the ex-Polish general. Is he a
rebel deserving military sentence ? Is he a patriot
deserving the martyr's crown ? We know not ! "
The fact " with all its lamentable consequences,
which such an irregular eruption of troops must
necessarily have on the final settlement, remained,"
and so did Zeligowski. ..." It is not tolerable
for Lithuania, for Poland, for the comity of nations,
that this sore should be a running and perpetual
sore."

All the other speakers took the same line,
though none administered so tremendous an
admonition to Askenazy. Bourgeois, who touched
a gentler note, reminded him that the Polish
President when at Paris had said that " whatever
admiration the Poles might have for a man who
might be considered as a national hero, they none
the less recognised that he was a rebel." He
implored both sides to make sacrifices and thus
to render to "your countries and to the whole
world, the greatest and most decisive of all ser-
vices." Professor Askenazy replied, tenacious and

LITHUANIA AND POLAND 99

meticulous as ever. He declared the proposals
of M. Hymans as " contrary to self-determination,"
and accomplished the almost impossible feat of
again avoiding all mention of Zeligowski.

The Council indicated what it thought in no
uncertain sense. It passed a resolution stating
that both parties had assented to M. Hyman's
scheme of May, 1921, and that that of September
differed only in details. The scheme was the
constitution of the Vilna area as an autonomous
canton on the Swiss principle inside the Lithuanian
State, and the negotiation of a political military
and financial understanding between Poland and
Lithuania. The Council approved the scheme
and, though not referring the matter to the
Assembly, requested M. Hymans to explain the
scheme to it.

Before the Assembly met Askenazy had again
been subjected to criticism, this time in Committee,
and Lithuania had been admitted as an indepen-
dent state to the League. On the 24th M. Hymans
stated his plan to the Assembly in a speech which
was a model of lucid exposition and scrupulous
fairness to both parties. He concluded by a
really moving appeal : " I understand the scruples
and the hesitations of your Governments. I see
Lithuania restless, distrustful, jealous of that
independence that she has with such difficulty
won. I see Poland in the intoxication of her new
freedom experiencing such difficulty in restraining
the fervour of her national aspirations.

100 THE SECOND YEAR OF THE LEAGUE

" But we can all the same appeal to their wisdom
and pacific spirit. . . .

" Finally, it is true that by the courage, by
the energy, by the heroism of these two countries,
the one has gained its independence, unknown
till now, the other has revived and reappeared,
heroic and chivalrous, in Eastern Europe. But
all the same this work was not accomplished by
them alone. It is the common work of people
who, during four and a half years, have poured
out their blood on the battlefields of Europe to
make the Rights of Peoples triumph and to assure
the victory of Liberty and Law.

" In the name of these peoples, as deputy of
the Universe assembled here to attain at last that
peace which escapes us, to try and realise, in fact,
the peace proclaimed upon paper, but not yet
definitely made, we demand of you two, solemnly
here, that you make the noble gesture of peace,
of consent and of conciliation."

This speech embodied a record of unexampled
patience, ingenuity and enthusiasm on the part
of a statesman of the first rank, labouring with
perfect disinterestedness and in the noblest of
all causes. It made so profound an impression
that the Lithuanian delegate, who followed him,
could only stammer out that he adhered to the
project with certain important exceptions and
that Zeligowski must go. Askenazy more subtly
pleaded the lateness of the hour and adjourned
his remarks till the afternoon session. There was

LITHUANIA AND POLAND 101

thus time for the emotion to subside. In the
afternoon Askenazy addressed himself to the
question in the driest manner. It seemed as if
he was trying by dulness to freeze enthusiasm.
He claimed to be " no orator but a man of science."
This time he did at last mention Zeligowski and
in terms which did him no honour. " He is a
brave soldier . . . and he went to Vilna impelled
not by any personal ambition but by the will
of the people of Vilna. As soon as they are sure
that their voice will be heard, General Zeligowski
will withdraw. ... If you will give facilities
for a free expression of opinion by the people
of Vilna, General Zeligowski will not hesitate to
withdraw immediately." After several other
speeches, including one by Lord Robert Cecil, a
resolution was put forward to the Assembly
warmly approving M. Hymans' scheme, and
giving the Council the full moral support of the
Assembly. It was carried unanimously, but 16
states abstained from voting.

The end of this negotiation was a very sad one.
Lithuania, as Mr. Balfour had hinted, was not
blameless nor over-conciliatory in the negotiation.
The Lithuanian Parliament subsequently refused
to accept Hymans' plan by a small majority,
Askenazy' s last quoted words showed that Poland
never intended to accept it. The League, there-
fore, had failed. Yet in fact both practically and
morally, it achieved more than the Supreme
Council. In the first place, by its intervention in

102 THE SECOND YEAR OF THE LEAGUE

1920, it stopped the fighting and transformed
the dispute from one between swords to one
between words. Moreover, it is doubtful if Poland
has gained even practically, for Lithuania is now
an independent state and has been admitted to
the League this year. When the dispute began,
Lithuania was in an inferior position and was
refused admission to the League. Therefore the
time for extracting the maximum of concession
from Lithuania, with the consent of other Powers,
has gone by. Not only that, but Poland has cut
no great figure in the world. Poland, opposing
the admission of Lithuania to the League in the
name of self-determination, was ridiculous. But
when Askenazy claimed that Poland " as a member
has always been faithful to the principles of
the League," Poland was something worse than
ridiculous and laid herself open to a deadly retort
from Lord Robert Cecil : " Ten years ago Poland
and freedom were terms which men naturally
associated together . . . but I should not be
dealing fairly with this Assembly if I did not add
that in the last months grave disquietude has been
caused by events in Central Europe. Men do not
understand what is the drift of Polish policy. . . .
It is a terrible thing that a country whose freedom
we all acclaimed with enthusiasm, should somehow
or another have exposed herself to that kind of
criticism. Believe me it is a serious thing ! "
It is indeed. It is not only the Polish mark but
the Polish honour and good name, which have

LITHUANIA AND POLAND 103

depreciated. Nor is the Polish record clear in
any international relation. Even if we set aside
the lawless raids of Korfanty and Zeligowski,
towards which the Government was so gentle,
there is plenty more to criticise. How can she be
said to support the principles of the League when
she refuses to ratify Treaties ? Poland did not
ratify the Austrian Treaty until long after it had
come into force, she has not ratified either Bulgarian
or Hungarian Treaties, she has refused to sign the
Central European Frontiers' Treaty, and ap-
parently claims East Galicia and Lithuania in de-
fiance of the Supreme Council and the League.
Some of these misdeeds might be pardoned but
the general drift seems clear. No country has so
bad a record as to fulfilling her international
agreements and, if she was a suppliant for ad-
mission to the League as Lithuania was, such
record would be fatal to her claim. Much of this
was exposed to the world with telling force during
the Lithuanian dispute, and rebukes like those,
which Mr. Balfour or Lord Robert Cecil addressed
to her, can seldom have been heard in diplomatic
circles. What was more striking is that no voice
was raised to defend her in the Assembly and for
the first time the Polish action became the occasion
for unfavourable criticism throughout the Press.
If the League has not the power to compel a state
to right its bad deeds, it has at least the power
to force it to defend itself. After hearing them,
the general opinion was that Poland's motives

104 THE SECOND YEAR OF THE LEAGUE

" may have been exemplary, but that they are
always in need of explanation." Such a feeling
is fatal to the reputation of a high-minded, chival-
rous state, but it depends on Poland, and on
Poland alone, to convince the world that she still
deserves her old title. The League applied to
her an " acid test " in the matter of Lithuania,
and so far it has yielded no results favourable to
Poland.

VII
THE UPPER SILESIAN AWARD1

THE reference of the question of Upper Silesia to
the League was at once its greatest opportunity
and its greatest danger. To refuse to give a
recommendation would have been fatal, but
great perils also lurked in any decision to award
that the League had to make.

This is not the place to deal with the Silesian
question as a whole, upon which volumes might be,
and indeed have been, written. But to under-
stand the problem a few brief introductory re-
marks must be given :

(a) Historical and Economic

The history of Upper Silesia offers little enough
to help any solution of present problems. The
inhabitants are predominantly Polish, but the
tongue which they speak is a dialect not readily
intelligible to the Poles of Poland proper.2 The

1 Vide an article by Lord Robert Cecil, " The Question of
Upper Silesia," Nineteenth Century, December, 1921.

8 Upper Silesia German census of 1910 : 1,245,000 Poles,
672,000 Germans v. Germany. " Observations on Peace and
Allied Reply," quoted in Hist. Peace Conference, ii. 287-8.

J05

106 THE SECOND YEAR OF THE LEAGUE

Poles have not actually ruled in Upper Silesia
for something like seven centuries and a half.
This area has, therefore, been subject to the
influence of German culture and pressure and
German economic penetration for centuries. It
is only within comparatively recent times that
there has developed a strong Nationalist Polish
movement in Upper Silesia. In a visit I paid to
it some years before the war the feeling shown
was very different from the bitterly anti-German
attitude of Posen. The Poles of Upper Silesia
had been fairly caught in the net of German in-
dustrial organisation, and had only begun to escape
from it just before the war broke out.

(b) The Plebiscite, March 20, 1921

The supreme value of Upper Silesia consists, of
course, in its enormous economic and mineral
wealth. It contains about a quarter of the coal,
a good deal of iron, and much of the zinc ore of
Germany. It is an industrial asset of enormous
value. At the Peace Conference the Germans,
in their Observations on the Draft Treaty, referred
over and over again to Upper Silesia. Their
chief argument was "only with Upper Silesia
can Germany pay reparation, but without it
never." In order to induce the Germans to sign, Mr.
Lloyd George hit on the ingenious expedient of a
plebiscite in Upper Silesia, as well as in Allenstein
and in Marienwerder. The Germans were much

UPPER SILESIAN AWARD 107

influenced by this, and signed the Treaty of Ver-
sailles in the confident hope that any plebiscite
must result in a smashing German victory. They
were right as to Allenstein and Marienwerder,
they were wrong as to Upper Silesia. The first
two plebiscites gave enormous majorities in favour
of Germany, but in the Silesian one the issue was
more doubtful. Germany indeed won a victory,
and acquired seven-elevenths of the votes to
four-elevenths polled by the Poles.1 This, in
itself, was significant, for the majority were
ethnically Poles, so that a large number of racial
Poles must have voted for remaining with Ger-
many. But, unfortunately, there was no clear
division between the voters. The voting had been
by communes, and Polish communes were as in-
extricably mixed up with German as shot silk
colours or macedoine of fruit. German towns
had Polish village communities hanging on their
fringes and outskirts. No clean-cut division of
the area could be arrived at which would not
have the result of leaving large Polish minorities
in German territory and vice versa. The Com-
missioners (French, British and Italian), who had
the management of the plebiscite, found them-
selves unable to agree on the proposal of a future
frontier in this area, and reported to this effect
on April 30, 1921.

1 Round figures, 717,000 for Germany, 438,000 for Poland,
including over 100,000 out-voters, nearly all German.

108 THE SECOND YEAR OF THE LEAGUE

Just at this moment, and as if to complicate the
issue, Korfanty, a fanatical Polish Nationalist,
led a kind of D'Annunzio raid from Polish soil
into Upper Silesia. He was disavowed by the
Polish Government, but his very numerous fol-
lowers were well supplied with arms and equip-
ment, and it is not easy to suppose that he could
have continued without at least the covert support
of many Polish officials. The French troops in
the plebiscite area, who were traditionally friendly
with the Poles, did not show enthusiasm for re-
sisting them, and the French Press applauded
their attitude. There were no British troops
(probably because of the coal strike), though
the Italians resisted sturdily. But, in any case,
the plebiscite troops were not numerous enough
to cope with Korfanty, and it looked as if lawless
force might prevail. Orders were given in all
haste for four British battalions to be sent to
Upper Silesia, and Mr. Lloyd George not only
made a vigorous speech in the Commons, but, on
May 18, took the unusual step of issuing a state-
ment to the Press in his ipsissima verba :

" The attitude taken by the British, American
and Italian public on the Silesian question ought
not to be offensive to France.

" They stand by the Treaty of Versailles. They
mean to apply the terms of the Treaty justly,
whether they happen to be for or against Germany.

UPPER SILESIAN AWARD 109

" The fate of Upper Silesia must be decided by
the Supreme Council and not by Korfanty.

" The children of the Treaty cannot be allowed
to break crockery in Europe with impunity.

" Somebody must place a restraining hand on
them, otherwise there will be continual warfare.

"... The British Government were anxious
to have the division of Silesia settled at the London
Conference. All the facts of the plebiscite were
known.

" However, our Allies were not ready to proceed
with the discussion.

" We will abide faithfully by the decision given
by a majority of the Powers who have a voice
under the Treaty in defining the Silesian boun-
daries, whatever that verdict may be.

*' We fully accept the plebiscite as an expression
of the wishes of the people of Silesia ; but, having
gone into a great war and sustained gigantic
losses in defence of an old Treaty to which this
country was a party, Britain cannot consent to
stand by whilst a Treaty her representatives
signed less than two years ago is being trampled
upon."

The blunt, almost brutal, frankness of Lloyd
George's statement called attention both to Kor-
fanty's raid and to the French attitude. That
statement of itself discounted the effect of the

110 THE SECOND YEAR OF THE LEAGUE

Korfanty raid, but the French attitude remained
as a stumbling-block in the path of agreement.
The attitude of the French Press was of singular
interest, whether it was the effect or (as is more
probable) the cause of French Government policy.
It might be condensed into some such utterance
as this : " We French did not wish to grant you
Anglo-Saxons a plebiscite in Upper Silesia. That
province was, we conceive, predominantly Polish,
and should have been annexed by her outright.
But as Lloyd George and Wilson insisted we con-
sented on one condition. That condition was
that Great Britain and the United States should
sign a treaty guaranteeing us against unprovoked
aggression from Germany. The United States
refused to ratify that treaty, and Great Britain,
whose engagement was dependent on the co-
operation of America, now declares the whole
bargain is off. Therefore we have now no guarantee
and no security against Germany. The only
security we have is to deprive her of the coal,
iron and zinc of Upper Silesia, which will other-
wise be the raw material of her future munitions."
To this in effect Great Britain replied : " We
quite agree that the guarantee treaty is off.
This is due to no fault of ours. But that guarantee
treaty was not made known to the Germans at;
the time and was not a condition to which they
were asked to agree. It is unjust that the Germans
should suffer because the United States has re-
pudiated the guarantee treaty. Upper Silesia

UPPER SILESIAN AWARD 111

can only be divided according to the terms of the
Versailles Treaty."

((') The Supreme Council (July- August 12)

All the elements of a serious dispute being
now present, the Plebiscite Commissioners were
invited by the Allied Governments to put forward
a common proposal. As they were still unable
to agree, the Supreme Council was summoned to
consider the question on August 8. A Committee
of experts was summoned ten days before to try
and find a way out. On one point this Committee
did reach agreement, and the fact is important.
They agreed that the intention of the Treaty had
not been to hand over the whole area to one party
or to the other, but to draw a frontier-line on the
basis of the voting as shown by the communes,
allotting to each party what was ethnically its due.
Though therefore they agreed that the area ought
to be divided, in one proportion or another, they
wholly failed to agree as to what that frontier-
line should be.

There were three or four proposed lines, but
the real principle at stake was what was known
as the "indivisibility of the industrial triangle."
This argument was developed with great force
and ability by Sir Cecil Hurst, the British Legal
Adviser, at the session of August 7.1 He laid

1 Vide French Press ad hoc.

112 THE SECOND YEAR OF THE LEAGUE

down three principles : (a) Partition should be
based on the vote by communes ; (b) Islands or
enclaves should be avoided even if minorities
suffered thereby ; (c) Communes, which were
economically inseparable, ought not to be divided.
The industrial triangle, which had the three
important towns of Beuthen, Gleiwitz and Katto-
witz at its three angles, ought not to be divided.
Its heart was German, and it should be given to
Germany. This would mean giving not 30 per
cent, of the total of those who had voted for
Poland to Poland, yet as 21 per cent, of Polish
voters were in the industrial triangle, this sacrifice
was inevitable. M. Laroche, the French expert,
contended that the theory was new, and should, in
strict logic, be carried further. Pless and Rybnik,
towns south of the triangle, were indisputably
Polish, but they might fairly be considered in-
separable from the triangle. Yet, if these were
given to Germany, the total Polish voters in the
triangle would exceed the German. He there-
fore strongly advocated the French proposal,
which gave 88 per cent, of the Poles to Poland and
52 per cent, of the Germans to Germany.1 The
British attitude was supported by the Japanese
and, with some hesitation, by the Italians ; the
American representative was merely an observer.
But at the Supreme Council decisions must be

1 By the French proposal of August 4 the whole of the in-
dustrial triangle would have gone to Poland.

UPPER SILESIAN AWARD 113

unanimous, and France stood firm. A few minor
concessions were made by Lloyd George; there
were invitations to breakfast and to dinner and
to private interviews. But in essentials both sides
stood to their guns. On the 12th the breach
was evidently too wide to be passed. M. Briand
visited Lloyd George at the Hotel Crillon and
informed him of his inability to give way. The
conversation is then reported thus : *

LLOYD GEORGE : " But that is a rupture ? "

BRIAND : " I hope not. No one wishes it less
than I. If you have said your last word we must
seek a means of avoiding it."

LLOYD GEORGE: "Then refer the matter to
the Council of the League. I see no other
means."

BRIAND : " We have also thought of it, and I
am ready to propose it, if agreement can really
be reached on this basis."

LLOYD GEORGE : " The Italians have also de-
cided on it. If you summon the Supreme Council
we can finish with Upper Silesia before my de-
parture, which is fixed for to-day."

This is true in substance if not verbally. For
at the meeting, which followed immediately, all
the Four Allies pledged themselves to accept
without reserve the decision of the League.2

1 E.g., in French Press of August 18.

2 Col. Harvey, the American representative, dissociated
himself from the proceedings as his Government was not a
member of the League.

114 THE SECOND YEAR OF THE LEAGUE

(/) The League's Proceedings

The Great Allied Powers had differed greatly
and more seriously than since the war began.
Feelings had risen to a height when they seriously
threatened to dissolve the Alliance. The reference
of the question to the League provided a period
for the cooling of passions and for the subsidence
of acute feelings. The one stable fact, amid so
much that was disturbing and alarming, was that
the interested Powers pledged themselves un-
reservedly to accept the award. The decision of
the Supreme Council was as follows : " The
Supreme Council, before deciding on the fixing of
the frontier between Germany and Poland in
Upper Silesia in conformity with Articles 87-88 of
the Treaty of Versailles, decides by application
of Article 11, paragraph 2, of the Covenant of
the League of Nations to submit to the Council
of the League the difficulties the fixing of this
frontier present, and to ask it to make known
its recommendation as to the line the Principal
Allies and Associated Powers should lay down."
Here there is nothing definite, but in his letter to
the Acting President of the League of August 24,
M. Briand wrote : " Each of the Governments
represented having in the course of the discussion
solemnly undertaken to accept the solution recom-
mended by the Council of the League." Tech-
nically, therefore, the Supreme Council made
the decision, and the League Council was asked

UPPER SILESIAN AWARD 115

merely to give a recommendation. In practice the
League Council was, however, to make the decision.

(,;>) The Decision of the Council of the League

Viscount Ishii, the Acting President of the
Council of the League, answered M. Briand's
letter of August 12 on the 19th, and convened
the Council for the 29th. In his report on that
date Viscount Ishii suggested that the League's
advice was asked " without reserve and without
restriction." He pointed out that Article 11, par. 2,
of the Covenant ran as follows : " It is declared
to be the friendly right of each member of the
League to bring to the attention of the Assembly
or of the Council any circumstances whatever
affecting international relations which threaten
to disturb international peace or the good under-
standing between nations upon which peace
depends." The right of the League to make " a
recommendation " by request of one or more of
its members was clearly implied in the Coven-
ant. Clearly also the power to decide on the
frontier lay with the Principal Allied and
Associated Powers under Articles 87-88 of the
Treaty of Versailles,1 but the League could

1 Art. 87 : " The boundaries of Poland not laid down in the
present Treaty will be subsequently determined by the Principal
Allied and Associated Powers."

Art. 88 : Referring to the plebiscite : " Germany hereby
renounces in favour of Poland all rights and titles over the
portion of Upper Silesia lying beyond the frontiei>line fixed by
the P.A. and A.P. as a result of the plebiscite."

116 THE SECOND YEAR OF THE LEAGUE

recommend and its recommendation would be
accepted.

Entering into questions of principle, Viscount
Ishii laid it down as incontestable that the authors
of the Treaty had not intended to cede the ple-
biscite area en bloc to one party or another, but
had desired the "determination of a frontier,
no particular line being either prescribed or
excluded in advance." Another great guiding
principle was that expressed in Annex 5 to Article 88
of the Treaty, instructing the Commissioners to
recommend, after the plebiscite, "the line which
ought to be adopted as the frontier of Germany
in Upper Silesia. In this recommendation regard
will be paid to the wishes of the inhabitants as
shown by the vote, and to the geographical and
economic conditions of the locality." On this
sentence and its interpretation depended the whole
decision.

The Council at once accepted the task and
drafted a public communique* to the effect that
their task " was not a question of Polono-German
conflict or of arbitration between disputants ;
it is a question of formulating the recommendation
to the Supreme Council at its request regarding the
application of one of the clauses of the Treaty
of Versailles." It is worth noting that Viscount
Ishii continued to preside over the sessions of
the Council dealing with Upper Silesia. On
September 1 the Council decided that the pre-
liminary examination of the question should be

UPPER SILESIAN AWARD 117

entrusted to the four members of the Council who
had previously taken no part and had had no
bias in the question. These were Da Cunha
(Brazil), Wellington Koo (China), Quinones de
Leon (Spain), and Hymans (Belgium). The last
accepted the task on behalf of his colleagues " in
a spirit of perfect justice, of perfect freedom, and
of perfect independence." All sorts of evidence
and all sorts of witnesses came before these in-
vestigators. The official representatives of Poland
and Germany were not summoned, but delegations
of miners, industrial employers and partisans of
both nationalities were summoned and heard by
the Four.

The decision was made known to the President
of the Supreme Council on October 12, and to
the general public on the 24th.1 In their in-
terpretation the League Council held (and probably
rightly) that the solution of the problem, in con-
formity with the expressed vote of the inhabitants
of the plebiscite area, was the first and most im-
portant consideration. The frontier-line recom-
mended by the League shewed that nationality
was judged superior to coal, to transport, and to
geographical convenience. On the whole, it is
true to say that the League line sinned less against
nationality than either the British or the French
lines. In the second place, the League decided to

1 It was unfortunate that, by what appears to have been an
accident, the actual details were in substance those given to the
Press on the 12th.— Vide Times, Oct. 13.

118 THE SECOND YEAR OF THE LEAGUE

divide the industrial triangle. They lopped off
one big angle — consisting of the two almost
exclusively German towns of Konigs-huite and
Kattowitz — and gave it to Poland ; Beuthen and
Gleiwitz, the other two angles, remained to Ger-
many. The League recognised, however, that
these two solutions of the national and economic
questions " must inevitably result in leaving
relatively large minorities on both sides of the
line and in separating important interests." Ac-
cording to German figures, Poland will obtain 85
per cent, of the coal-mines, 67 per cent, of iron
furnaces, all lead and zinc pits, all zinc works and
all zinc-plate rolling works.

So far, then, the League had propounded a
solution more just in the abstract as to nationality
and more difficult in the concrete as to economics
than any other yet proposed. The success of
their recommendation depended on its being
shewn to be really workable. The League are
said to have been influenced in their decision to
divide the industrial area by the evidence and
opinions of Dr. Beuesh, the celebrated Foreign
Minister of Czecho-Slovakia, who was present
for a few days in Geneva. He pointed out that,
in the Teschen area, Czech and Pole had divided
a great industrial district under circumstances of
peculiar delicacy. This division had not been
fatal to the industry of the area ; on the contrary,
it had produced a working modus vivendi between
the two nationalities. The League appear to

UPPER SILESIAN AWARD 119

have taken the hint and attempted to improve
upon the model. They hit on an original plan.
Upper Silesia was to be divided politically and
economically, but, while the political frontier
was to be drawn at once, the economic unity of
the whole area was to be prolonged for fifteen
years. The scheme was evidently suggested by
Article 90 of the Treaty, which provides that for
a period of fifteen years, dating from the allocation
of the frontier, Poland shall permit the export
to Germany of the products of the mines in the
Polish zone of the plebiscite area. The railways,
of which most are German State ones, are to be
jointly operated, and those of the Schlesische
Klein-Balm Aktien-gesellschaft are to be operated
as a single unit, in each case for fifteen years.
Railway rates are to be uniform and there is to
be a single accounts office for the whole system.
Special agreements are to maintain the existing
water-supply system for the same period, and
special provisions for three years are to be made
as to the supply of electric power. For fifteen
years the German mark is to be legal currency, and
postal, telegraph and telephone charges fixed
accordingly. Even the Customs Regimes of the
two states are to be seriously modified.1 They
are not to come into force for six months and,

1 In accordance with Art. 268 of the Treaty, natural or manu-
factured products coming from the Polish zone shall, on im-
portation into the German customs area, be free of all customs
duty for three years.

120 THE SECOND YEAR OF THE LEAGUE

when they do, for fifteen years very special arrange-
ments are made to relieve from duty the national
products produced in one zone of the area and
destined to be used or consumed in the other. The
same freedom from duty applies to raw, halt-
manufactured and unfinished products made in
one zone and destined to be finished in the other
zone, and "intended for importation into the
country of origin." Similarly, with regard to
export regulations, for fifteen years both parties
undertake to facilitate the export from their
respective territories of such products as are
indispensable for the industry of either zone of
the plebiscite area, by supplying the necessary
export licences and by authorising the execu-
tion of contracts entered into by private
individuals.

The arrangement as regards coal, according to
Article 90 of the Treaty, has already been indicated.
There are some highly significant provisions of a
more general character indicating that there will
be economic unity of the area for half a generation.
Thus both national Governments recognise for
fifteen years the existing unions of employers and
workmen, which are allowed to enter into col-
lective contracts throughout the whole area.
Again, local benefit societies, whether in the
Polish zone or the whole area, will be maintained
for fifteen years unless both Governments con-
cerned agree to divide them. Free movement
as between the zones is guaranteed to any

UPPER SILESIAN AWARD 121

inhabitant regularly domiciled in the plebiscite area.
Poland renounces powers given her under Articles
92 and 297 as regards no expropriation of in-
dustrial undertakings, mines or deposits, save
where, in the opinion of the Mixed Commission,
such powers are necessary to ensure continued
co-operation. If disputes occur between Polish
or German Governments as to any legislative
measure, passed by either country as affecting
the area, either Government may appeal to the
Council of the League, whose decision both Govern-
ments undertake to accept. Certain other im-
portant arrangements for the protection of
minorities are discussed elsewhere.1 But an im-
portant provision arranged for two bodies to
carry out all these provisions — an Arbitral Tri-
bunal, entrusted with the duty of settling private
disputes arising under the operation of the various
arrangements laid down. This was to consist
of a Polish and a German arbitrator, with a
president appointed by the Council of the League.
There was also to be an Upper Silesia mixed
commission consisting of two Poles and two
Germans from Upper Silesia, and a president
of another nationality appointed by the League.
This body was to superintend the carrying
out of all the above provisions, which were
to be embodied in a Polish-German Con-
vention.

1 Vide Chapter V.

122 THE SECOND YEAR OF THE LEAGUE

(h) Acceptance of the League's Decision
(October 20)

The Four Allied Powers took a week before
they accepted the recommendation, France having
raised some objection in the interim. It was
presented on the 12th and accepted on the 20th. A
decision, verbally embodying that recommendation,
was taken by the Council of Ambassadors at Paris
and transmitted to Viscount Ishii the same day.
With the obvious view of creating a fait accompli,
immediate steps were taken by the Powers to
bring the award into working practical action.
A covering note warned Poland and Germany
that the Supreme Council would execute -the
award in all its parts.

Outside diplomatic circles public feeling was
less favourable. British opinion had supported
Lloyd George in his professed intention of pre-
venting Poland from " breaking the crockery "
in Upper Silesia. It had also in the main sup-
ported him, though it imperfectly understood
him, in his refusal to divide the " industrial tri-
angle." The division of the triangle by the League
award was thus, on the whole, a defeat for Great
Britain. But British opinion had a profounder
belief in the justice of the League than in the
wisdom of her own statesmen, and, though brilliant
and hostile critics shewed themselves in the
Press, there was no serious popular feeling in favour
of not accepting the award. The attitude of

UPPER SILESIAN AWARD 123

France was less satisfactory. Her diplomats had
raised some objections,1 and her Press was not
wholly favourable. Polish opinion was profoundly
impressed and, on the whole, satisfied. The
League frontier-line was far east of the Korfanty
line and of the French frontier-line, but on the
whole acceptable.

The attitude of Germany was, however, a
graver matter. The mark began to fall as soon as
the division was rumoured. Dr. Wirth resigned,
the German Press resounded with wails and
complaints. There can be no doubt of the genuine-
ness of the feeling. If intensity is to overcome
all other considerations the Germans deserve
Upper Silesia. The whole of the Treaty negotia-
tions prove this, and the venomous hatred of
Poles by Germans is part of their earnest love
for Upper Silesia. They regard it as a province
won from barbarous Poles by the achievements
of German business organisation and by the
influence of German " Kultur." Upper Silesia
is to Germany what Alsace-Lorraine is to France.
At the plebiscite few — very few — men of German
speech or race voted for Poland, many — very
many — Poles voted for Germany. It is charac-
teristic of the curious artlessness of this race

1 According to Art. 88 of the Treaty (Ann. 5) Allied troops
had to withdraw one month after notifying the frontier to the
two Governments concerned. This was clearly impracticable,
but diplomacy got out of the difficulty by "communicating"
the decision. "Notification " was reserved until such time as
was convenient. Such is diplomatic resource !

124 THE SECOND YEAR OF THE LEAGUE

that they believed to the last that Germany would
receive all Upper Silesia. They did not see that
the Treaty obligations, or the plebiscite result,
made any difference. Upper Silesia, in German
eyes and in German sentiment, was indivisible,
therefore it was not to be divided. To divide it
was cruelly to injure the susceptibilities of Germany
for the sake of a number of Poles who would just
as soon co-operate with Germany, and who had
been intimidated by Korfanty or by the French.
That this was the almost universal German view
is shown by the speech of Dr. Wirth in announcing
the remarks of his Cabinet, and, in effect, his
resolve to accept the award. He showed clearly
that he believed the decision to have been due
in fact not to the League but to the Supreme
Council. His surprise and disappointment were
genuine and evident, and this fact is the more
significant because even the French admit him
to be one of the most moderate and reasonable
of men. Others were less restrained than he, and
when the President of the Assembly, Herr Locbe,
addressed a kind of mournful farewell to the
faithful Germans handed over to Poland, the air
was heavy with sentiment. Even making large
deductions for worked-up feelings, there can be
no doubt of the terrible humiliation the average
German must feel over the League's decision.

The actual difficulties of a practical kind are not
really as grave as this sentimental one. Business
men are not primarily influenced by sentiment,

UPPER SILESIAN AWARD 125

and, once the decision is unavoidable, they will
strive to get what they can out of it. The ex-
ample of Danzig is encouraging. Few difficulties
could be greater, few enmities more bitter, than
those which have been faced and settled there.
The same is true in the case of Teschen. In both
cases two bitterly hostile and alien populations
have finally been united by economic bonds.
The Danzig case offers an analogy in that the
single neutral head — the High Commissioner —
has proved the reconciler of difficulties as we may
hope the single neutral President of the Upper
Silesia Commission will do. The Teschen analogy
carries us even further, for it shows us that, even
when two alien nationalities inhabit an industrial
area, divided between them politically, they find
it on the whole advantageous to co-operate
economically, and are beginning to do so. In
the Silesian case Poles and Germans must co-
operate economically for fifteen years and, after
that period, it may be hoped that they will have
learnt the habit of doing so.

The sentimental and spiritual objection of
Germany remains. It may be very serious, for
it may prevent her from applying for admission
to the League and the longer Germany remains
outside the League the worse both for her and
for the League. Yet it is well to look on the
brighter side. The League was tried by a choice
of dangers. To refuse to make an award was
cowardly, to make it was perilous. But if the

126 THE SECOND YEAR OF THE LEAGUE

League had not chosen the bolder course it would
have earned general contempt. What it had
actually achieved is already memorable. In a
highly interesting article, published in the Round
Table, and entitled " Diplomacy by Conference,"
Sir Maurice Hankey partly lifted the veil from
the diplomatic processes by which the Allies were
got to co-operate during the war and still more
during the peace. He dwelt on diplomatic con-
ferences, and the virtues of certain methods for
easing rusty wheels and turning dangerous corners.
Yet all this masterly process of lubrication broke
down before the Upper Silesian difficulty. No
secretarial persuasion, no conference methods, no
traditions of unity or agreement, no personal
appeals, no attachments or friendships availed.
The break between British and French policy over
Upper Silesia was definite and fundamental on
August 12, 1921. The whole machinery of agree-
ment, carefully and painfully built up during
half a dozen years of comradeship, collapsed.
The Supreme Council had failed, and had failed
lamentably. Yet where it failed the League
Council succeeded. By interposing the elements
of time and of impartial investigation the League
Council worked out a decision which both France
and Great Britain could accept with honour.
This was not their only service. They did actually
decide a question, whose continuance would have
worked like a festering wound in the body politic
of Europe. Any decision was better than no

UPPER SILESIAN AWARD 127

decision, and this decision seems on the whole
to have advantages that no other proposed settle-
ment had ; that is what, in this matter then,
Europe owes to the League, and it is probably
only the first of a series of such obligations.

S E

(M O N T J£^ iHf R 0)

iCe

ttftnje

^SCUTARI

Durazzot

Koritza

Itranto

Ethnic limit of Albania

as claimed by Albanians. . aoas>

Frontiers of 1913 ••••

Decision of (Revisions in
Principal yavourofSerbil. . » » •
Potters -ttorAReviiiont in

NoT£r Serbian demarcation
lint in Northfolloied
the Drin approximately.

- Scale -

Miles 50 10 !<j M yMilti

Kilos 5 a 10 ao M « so u Kilos

fitments)

SKETCH MAP
ILLUSTRATING DECISION
^JOF PRINCIPAL POWERS
^ \ON AL%ANIAN FRONTIERS.

VIII

THE SETTLEMENT OF THE ALBANIAN
QUESTION

(a) Albania's Admission to the League
(December 17, 1920)

No subject proved more difficult to settle at the
Second Assembly than that of Albania, and yet
none was more dear to the heart of the League.
For it was the League which had given birth to
Albania. In December, 1920, the Committee
on the Admission of New States reported against
the admission of Albania, partly owing to the
legal opinion of the Secretariat, partly owing to
the opposition of Mr. Fisher, the British repre-
sentative, and to the impassioned resistance of
various small states like the Greeks and the Serb-
Croat-Slovenes. Lord Robert Cecil, however, be-
stirred himself in the Assembly, and it soon became
evident that the two-thirds majority required for
the admission of Albania would be forthcoming.
Not only the delegates of the smaller states, but
the British representative therefore hastened to
withdraw their opposition, and on December 17,

129

1920. Albania was admitted into the League of
Nations.

From this act flowed very many results, though
different from what might have been supposed.
Albania was evidently admitted as an independent
and sovereign state (as the Italian representative
himself declared), not as a self-governing dominion
or colony. Hence all the arrangements made
during and after the war were profoundly altered
by this decision, and the Assembly of the League
had decided against certain important proposals
of the Great Powers embodied in various treaties
and obligations, of which all were originally secret,
but which in fact all saw the light almost im-
mediately after their being concluded.

These obligations were, first and foremost, the
famous first Treaty of London, May 30, 1913, which
entrusted to the Great Powers (including Austria-
Hungary and Germany) the task of defining the
frontiers and future status of Albania, and with-
drew it altogether from Ottoman sovereignty.
In pursuance of this policy a state was formed
and declared independent (July 29, 1913). In
practice, and even in theory, however, its in-
dependence was considerably limited by the
arrangements of the Six Powers. Eventually a
German prince, William of Wied (who certainly
would not have been the choice of the natives),
was appointed ruler or Mpret, assisted by an
international (Dutch) gendarmerie and an Inter-
national Commission of Financial Control. The

SETTLEMENT OF ALBANIAN QUESTION 131

boundaries were also fixed in the main, and two
Boundary Commissions (North and South) were
sent out to delimit them. The Southern Com-
mission eventually reported in December, 1913,
and made the important decision of giving the
professedly Greek areas of Argyrocastro and
Koritza to Albania. The war broke out before
the Northern Commission were able to agree,
but the general lines of the Northern Boundary
were known. The war naturally dissolved all
existing international agreements, and among
them those of the Six Powers relating to Albania.
They were never formally renewed in the treaties
made at the conclusion of the war.

(b) Albania's Claim to the Frontiers of 1913

The Albanian contention was that the frontiers
and independence of Albania remained intact
after the war. This is a difficult contention, for
the only legal Albanian Government was that of
Prince Wied, who abandoned the country to anarchy
in September, 1914. After that, such order as
was kept was maintained by Allied or enemy
troops. Towards the end of 1918, and more defi-
nitely in 1919, an Albanian national Government
organised itself, and was given a collective recogni-
tion by the Powers on its admission to the League
in December, 1920. It seems, however, very
difficult for their self-constituted Government to
contend that, previous to December, 1920, they

132 THE SECOND YEAR OF THE LEAGUE

had any international status based on the decisions
of 1913. They admitted that the international
statute creating the German prince, the Dutch
gendarmerie and the International Financial
Commission was no longer in force. Yet they
maintained that, though they were a self-consti-
tuted Government they were entitled to all the
powers which these previous organs had enjoyed.
In spite, therefore, of being emancipated from all
international control under the arrangements of
1913, which happened to be inconvenient, the self-
constituted Albanian Government maintained the
international decisions as to the frontiers of Albania
in 1913, because in point of fact these happened to
be convenient. There would seem to be a point
at which fact must intrude itself into the theories
of international law. No one could seriously
contend that any Government had existed in
Albania during the war. The old internationally-
controlled system had burst like a bubble ; no
new one had taken its place until the provisional
Government of Albania was collectively recognised
by her admission to the League.

The Principal Allied and Associated Powers
advanced the contention that Albania, as consti-
tuted in 1913, no longer existed in 1920, either in
status or in frontiers. The war had dissolved all

SETTLEMENT OF ALBANIAN QUESTION 183

obligations and all international treaties as between
the belligerents, and the first Treaty of London
(that of 1913) had lapsed, because it was not
specifically renewed in the post-war treaties.
Germany's consent, which would have been neces-
sary under that Treaty to a modification of its
terms, was nowhere asked by the Powers. In
fact, their hands were tied. The second and more
famous Treaty of London (April 26, 1915) between
Great Britain, France, Russia and Italy agreed
under certain contingencies to cede Valona in full
sovereignty to Italy, to allow Greece to annex
Argyrocastro and part of South Albania, and
Montenegro and Serbia to obtain the Northern
areas. Italy was also to have the diplomatic
control over a small Mohammedan state in the
centre of Albania based on Tirana. This arrange-
ment was only a project. It was, however, in
principle supported by the fact that the British
and French Territorial Commissioners at the Peace
Conference reported in favour of giving Argyro-
castro and Koritza to Greece, and the United
States supported her claims to Argyrocastro.
Subsequently the Italian Government made a
secret treaty with Greece on the same lines.
Finally, in January, 1920, the Supreme Council
proposed to give Scutari and the Drin Valley as an
autonomous province to the Serbs, and the Argyro-
castro and Koritza to Greece. Italy was to have
the mandate for all the Albania that remained.
This arrangement collapsed because President

Wilson, waking suddenly from his long illness and
silence, furiously denounced this bargain as par-
titioning Albania against her vehement protests.
Great Britain and France promptly announced
their willingness to consider the whole question
anew (February 26, 1920). Italy, whose troops were
in occupation of Albania, gave as yet no answer.

The situation was, however, very soon changed
by the Albanians themselves. The provisional
Government shewed great energy. When French
troops finally evacuated Koritza in May, 1920,
Albanians occupied the whole area. Albanian
irregulars began fighting with Italians, and on
June 20, Giollitti, the Italian Premier, announced
Italy's intention of evacuating Albania. In reply
to a question, he said, " I desire the integrity
and independence of Albania," and declared he
would return the Italian mandate for Albania,
which he had, in fact, never formally received
owing to Wilson's opposition. The Albanians
had further successes against Italy, and finally
turned her troops out of Valona itself. The
Albanian provisional Government concluded an
agreement with Italy at Tirana on August 2, 1920,
which was secret. It has been stated, however,
that it contains an acknowledgment by Italy of
the integrity and independence of Albania, together
with an admission of Italy's right to occupy
Sasseno, an island commanding the Bay of Valona.
As, however, Italy has not published this treaty
for registration under the Covenant, it could not

SETTLEMENT OF ALBANIAN QUESTION 135

be binding either on her or on Albania.1 Still
less could it be binding on her Allies. The net
result of all this complicated jumble seems to be
the following : All the secret agreements about
Albania made during or since the war had become
invalid for one reason or another. At the same
time, the independence of Albania, as defined in
1913, had disappeared. On the other hand, the
Allies claimed, and the Enemy States had acknow-
ledged, the right of the Principal Allied and
Associated Powers to redraw the frontiers if
necessary. Germany was evidently considered as
no longer concerned with the Balkans, but Austria
and Hungary were forced to admit this. E.g.,
" Austria hereby recognises and accepts the
frontiers of Greece — the Serb-Croat-Slovene State,
etc., as these frontiers may be determined by the
principal Allied and Associated Powers." 2 Now
as the frontiers of Greece and the Serb-Croat-
Slovene State cannot be drawn without affecting
those of Albania, it is clear that the drawing of the
Albanian frontiers was hereby handed over to the
Principal Allied Powers. This argument was twice
used with great effect by Mr. Fisher. It receives
support from another treaty, that respecting
certain European frontiers (August 10, 1920), which
provides (Art. 4) that the Serb-Croat-Slovene fron-
tier " with Italy and the South will be determined

1 Vide Art. 18, App. I.

2 Art. 89 of Austrian Treaty (St. Germain), Art. 74 of Hungary
(Trianon), Art. 59 of Bulgaria (Neui'ly).

136 THE SECOND YEAR OF THE LEAGUE

later." Hence the case of the Great Powers
was just this. Albania was created by Treaty of
1913, both as to status and frontiers. That
Treaty had become abrogated by the war, and the
Principal Allied Powers had therefore power to
determine these states and these frontiers anew.
Albania was a tabula rasa, a piece of white paper
on which they could write what they wished. The
admission of Albania to the League had, however,
an important bearing on its status. For Italy
had, at different times, claimed a protectorate,
a mandate or a predominating influence over
Albania. But at the moment of her admission to
the League the Italian representative (M. Schanzer)
thanked the Canadian one (Mr. Rowell) for remind-
ing the Assembly of the declaration of the Italian
Prime Minister to the effect that " Italy was
prepared to recognise an independent and sovereign
Albania " (League of Nations Official Journal,
December 18, 1920). At the same time, as has
already been indicated, the decision as to Albania's
admission to the League was expressly taken
without prejudice to the question of frontiers. On
this point the impartial decision of the legal section
of the League Secretariat must be considered as
practically final. They reported that the legal
position of Albania had been " affected " by the
war, and this dictum applies specially to the
frontiers which were not regarded as fixed. The
situation stood thus in December, 1920, at the close
of the First Assembly.

SETTLEMENT OF ALBANIAN QUESTION 137

(d) Albania Between the First and Second
Assembly

The situation of Albania between the First and
Second Assembly of the League was pitiful. The
First Assembly had forced the Great Powers to
admit Albania into the general family of nations ;
it could not force each individual Great Power
to recognise Albania. Albania was therefore in
the position of a soul without a body. Or, rather,
she was a sort of astral body among states. Theo-
retically she was a state, practically she had none
of the advantages of being such. She had no
diplomatic existence and no diplomatic representa-
tives ; she could not raise a loan or make her in-
fluence felt outside the sphere of the League. She
had not even any frontiers. She led a miserable
existence as a shabby-genteel relative neglected by
her kinsmen of the great international family. Yet
even in the midst of her humiliation Albania drew
support from the League. If she could not appeal
to the Supreme Council she could, and she did,
appeal to the League.

The Albanians had long been in dispute with the
Serbs in the North and East of Albania. The
Serbs had advanced their lines well within the
frontiers of 1913 and held practically the whole
valley of the Drin in north and east of Albania.
According to the Serbs this occupation was defined
by a demarcation-line originally approved by
General Franchet d' Esperey as Commander-in-Chief

138 THE SECOND YEAR OF THE LEAGUE

of the Arme*e d'Orient. In their view, the line
had some military, but no political, importance,
and their occupation was temporary and inter-
national in character, pending the permanent
settlement of the frontiers. The Albanian Govern-
ment, for its own reasons, could not accept this
view. The fetich of " the frontiers of 1913 " had
been set up and all Albanians had to bow down to
it. Incidentally they had serious counts against
the Serbs. They declared that much had been
done behind the lines of demarcation : whole areas
devastated, 40,000 inhabitants driven to seek
refuge in Albania, 150 villages destroyed, women
and men slaughtered, with all the sad attendant
circumstances of Balkan atrocities. All of this
was probably not true, some of it certainly was.
Consequently Albania appealed to the Council of
the League to settle her disputes with her neigh-
bours by arbitration, and asked the League to admit
that her frontiers were those of 1913. The appeal
to the League was first made in May, 1921, and it
had a very marked effect on the Great Powers.
From their point of view they could hardly allow the
League to discuss the frontiers of Albania and
perhaps to offer suggestions as to their settlement.
Consequently France, Great Britain, Italy and
Japan referred the decision on the new frontiers of
Albania to the Conference of Ambassadors, and a
Boundary Commission composed of representatives
of these Powers was already sitting at Paris under
the aegis of the Council of Ambassadors when

SETTLEMENT OF ALBANIAN QUESTION 139

Albania's appeal came before the Council of the
League (June, 1921).

(e) The Council (June 25, 1921)

Before the Council of the League on June 25,
1921, the Albanian Bishop, Fan Noli, marshalled
his list of lurid atrocities and demanded the frontiers
of 1913. The Serbs replied by denying the one and,
strangely enough, by conceding the other. They
stated that they adhered to their declaration made
at the Peace Conference, which, to cut it short, was
that Serbia would support the frontiers of 1913 for
Albania, provided that the Great Powers did not
" acknowledge the right of occupation or protector-
ate possessed by a foreign state." (The Serbs
meant by this to exclude Italy's influence from
Albania.) The Serb representative was supported
by Frangulis, the eloquent Greek representative.
Both, though for different reasons, denied the
existence of the frontiers of 1913, and denied the
competence of the League, as against the Principal
Powers, to settle the new frontiers of Albania. Mr.
Fisher took a somewhat similar line. " In admit-
ting Albania to the League, the Assembly had
expressly realised that its frontiers had not been
definitely fixed. It had been generally agreed that
she had been admitted without prejudice to the
frontier question." As the Council of Ambassadors
was already sitting, he said that he did not propose
to contest their " competence." He then solemnly

140 THE SECOND YEAR OF THE LEAGUE

and earnestly adjured the three interested parties
— Greece, Albania, and the Serb-Croat-Slovene
State— to abstain from hostilities and provocative
acts until the decision as to frontiers was made. A
resolution to the effect that the Council of the
League considered it " inadvisable " to take up
the frontier question simultaneously with the
Ambassadors Council, that the three interested
parties should abstain from hostilities, and that
" a Conference of Ambassadors should take a
decision with the least possible delay," was then
carried on the same day. The Greek and Serb-
Croat-Slovene representatives consented to this
resolution, for that resolution meant that the
frontiers of 1913 could be altered as they were not
in fact in existence. The Albanian representative
protested and turned the tables on the League
Council. The League Council had practically
declared itself incompetent to deal with the matter
of frontiers, so the Albanian Bishop resolved to
appeal against this decision of the Council to
the Second Assembly of the League, and announced
his intention in a speech of dignified protest.

(/) The Albanian Frontiers Commission at
Paris (June- July, 1921)

Thus in mid-June the situation was that the
Great Powers had decided to settle the frontiers of
Albania for themselves, without being bound by
the decision of 1913. They had appointed a

SETTLEMENT OF ALBANIAN QUESTION 141

Commission for the purpose, which was instructed
to report to the Conference of Ambassadors. But,
as is not unusual in such cases, the Frontiers
Commission made slow progress. The urgency of
decision recommended by the Council of tfie
League was less evident to the Council of Ambassa-
dors. There were clearly serious and important
differences between the Great Powers. Very confi-
dent statements were made in the Press, but in
fact no authoritative communique was ever
issued to them. Greek, Serb-Croat-Slovene and
Albanian representatives were summoned to give
evidence, but these Powers were not invited to
take part in the decision. A study of the French
and Italian semi-official Press during these months
reveals important tendencies. The French Press
was practically unanimous in refusing to admit
that any alterations from the frontiers of 1913
should be made in favour of Greece. The Italian
Press heartily endorsed this standpoint, but went
much further. Not only did it entirely refuse con-
cessions to Greece, but it asserted that no altera-
tion whatever should or could be made in these
frontiers of 1913. At the same time, with absurd
inconsistency, the Italian Press demanded that the
island of Sasseno should belong to Italy. This
demand was ludicrous, because the Italian represen-
tative at the original decisions of 1913 had demanded
that Sasseno should be included in Albania. Now,
apparently, Albania was to have the frontiers
of 1918. No one was allowed to infringe them. But

142 THE SECOND YEAR OF THE LEAGUE

Italy was to be an exception to this rule and to
have Sasseno. It might be thought that absurdity
could no further go, but this proved to be an error.
The Italian Press also contended that Albania was,
in some sense, in subjection to Italy, for two incon-
sistent reasons. The first was that Albania had
concluded with Italy a secret agreement at Tirana,
which limited her sovereignty. This ignored the
fact that secret treaties are not binding on members
of the League and that Italy herself had stipulated
for Albania's admission to the League as a sovereign
and independent state. The second contention
was that the Treaty of London was still in force,
though Italy had herself abrogated its Albanian
provisions by returning the mandate. The fact
seemed to emerge therefore that Italy regretted
that Giolitti had returned the mandate and
abandoned her claims on Albania. It was a final
inconsistency therefore that the Italian Press in
the same breath demanded that Italy should retain
some species of control over Albania, and yet that,
at the same time, Albania should have the status
and frontiers of 1913, and that Italy should violate
these frontiers by retaining Sasseno. It would be
wrong to attribute all these ideas to the Italian
Government, but they at least show Italy's interest
in Albania. The Press is, of course, necessarily
not always well informed in any country, yet,
setting aside propaganda, it is a remarkable fact
that, on the subject of the decisions of the Boundary
Commission, certain Press organs in Great Britain,

SETTLEMENT OF ALBANIAN QUESTION 143

Albania, France and Italy had, in some way or
other, divined the truth. The decisions of that
Commission as to the frontiers were not made final
until the end of October or public until November ;
the actual recommendations were openly discussed
in the Press in the middle of August. As no
dementi was issued, the Press confidently (and, as it
turned out, correctly) assumed that these were to
be the decisions. It seems to be an illustration of
the difficulties of " secret diplomacy " to-day.
However closely the secret may be guarded, no
" diplomacy " succeeds in being " secret " for very
long. The Gilbertian situation therefore arose
that, when the Second Assembly of the League
began, everybody knew, or thought they knew,
unofficially, that the frontiers of Albania had been
settled. As a matter of fact they had not been,
though proposals on the subject had been made.

(g) Albania before the Council and the Second
Assembly (September -October, 1921)

On September 2 the Council sat on the Albanian
question. The session was private, but the Press
reported certain details. Mr. Balfour stated that
Albania had already appealed to the Assembly
against the June decision of the League Council
not to interfere with the Council of Ambassadors,
which was already discussing the question of
Albania's frontiers. Albania had now also ap-
pealed to the Council in connection with Serbia's

144 THE SECOND YEAR OF THE LEAGUE

occupations of territory in North Albania. As the
Assembly would, in any case, have to deal with the
first question, it had better deal with the second as
well. This was finally agreed to, but a discordant
note was raised by M. Jovanovi6 — the Serb-Croat-
Slovene representative. His speech was not pub-
lished in full, but, to judge fromthe Press summaries,
it followed closely on the lines of M. Spalaikovi6's
address to the Assembly on September 10. M.
Spalaikovi6 contended that Albania had been
" hastily admitted " into the League the year
before, that there were now not one, but two
Governments in Albania. Under the circumstances,
therefore, Albania's claims were absurd, for she had
neither fixed frontiers nor stable Government. Mr.
Balfour, who followed him, suggested that Albania
had been unanimously admitted to the League and
that " that question should now be regarded as
finally settled." It would have been well if the
Serbs had taken his advice.

Meanwhile the Albanian questions had to go to
Committee VI. (Political Affairs) before being
discussed by the Assembly. On September 10
Mr. Fisher informed Lord Robert Cecil that he
hoped the decision of the Ambassadors Conference
on the Albanian frontiers would shortly be com-
municated to the League. On the 22nd he re-
peated this information. (In fact it was not made
known till November 9, long after the Assembly had
broken up.) On the 26th this Committee met in
full public session and a remarkable scene took

SETTLEMENT OF ALBANIAN QUESTION 145

place. Fan Noli — the able, black-bearded Albanian
Bishop — began by restating the Albanian case,
complaining bitterly of the Serb invasion and
telling the Great Powers that none of them had
recognised Albania. Mr. Fisher replied that, from
the moment that Albania had been admitted into
the League, Great Britain considered that her
sovereignty and independence "lay beyond ques-
tion." He declared, however, that the Serbs
regarded their demarcation line as purely a military
one and that the painful incidents reported were
a necessary outcome of an unsettled situation. He
hinted very strongly that he was not impressed by
the nature of Balkan statistics, and concluded a
speech of great eloquence by a moving appeal to
Greeks, Albanians and Serbs to live together in
amity. Spalaikovi6, the Serb representative, then
intervened. He gave details to the effect that in
the Mirdite country to the north of Albania a
revolt against the Tirana Government had arisen.
It was a revolt of Catholics against the Tirana
Government, which was Mahommedan. Telegrams
had been sent by Marca Djoni, the leader of this
revolt, appealing to the Powers and demanding
the right of the Mi rdites to exercise self- determina-
tion. A curious dialogue then took place between
him and the Albanian Bishop, Fan Noli. "Your
Mirdite Republic consists of one man, who has sent
this telegram from a Serbian town (Prizrend)."
Spalaikovic : "That is because it is the nearest
telegraph office." Fan Noli : " But Marca Djoni

cannot read or write." Spalaikovic1 : " It is not
for me to determine whether an Albanian is or is not
illiterate." The public was present and shrieked
with laughter at all this, but a more serious note
was struck as Spalaikovic" proceeded. He declared
roundly that, in view of the two Governments, that
of the Mirdite Republic and that of Tirana, he
could not recognise the latter as the Government of
Albania. He recognised the state but not the
Government of Albania. He then proceeded to
denunciations of Albanian conduct so violent that
the second Albanian representative present, a
Catholic from Scutari, twice tried to interrupt him.
The second time the cold eye of the President of the
Committee, Mr. Branting, and the warm admoni-
tions of his episcopal colleagues, effectually quieted
him, but his feelings showed the tensity of the situa-
tion. Finally, to the universal astonishment, the
Serbian orator, who had run through every kind of
emotion in his speech, concluded with a last and un-
expected appeal. " Do not think," he said, turning
to the Bishop, " that we hate you. No ! No ! "
And with passionate gestures : " Nous vous aimons,"
(We love you). And he sat down amid a tempest
of applause and laughter. This laughter was
re-echoed later when the Bishop in reply said that
while Albania returned his love, she preferred to
be left to sleep in peace.

The Italian representative, Marquis Imperiali,
then made a dignified speech, but the most im-
portant contribution came from Lord Robert Cecil.

SETTLEMENT OF ALBANIAN QUESTION 147

He moved two resolutions. The first stated that,
as the Powers were near agreement on the question
of the frontiers, Albania should be recommended
to accept their award and decision. The second
stated that, in view of the serious allegations as to
unrest, etc., the Council of the League should be
requested to appoint a small Commission of Enquiry
of three impartial persons to proceed to Albania
and report fully on the execution of the decision
of the Principal Allied and Associated Powers as
soon as it is given, and on any decisions which
may occur on or near the frontier of Albania !
Bishop Noli's speech in reply to this showed
his bitter disappointment, though he obviously
appreciated the appointment of a Commission.
This was an advantage. On the other hand, as
Albania was recommended to accept the decision
of the Paris Ambassadors on her frontiers, it was clear
that she would not be able to claim the frontiers of
1913. For, as has already been shewn, the Powers
approved the view that these frontiers were still
legally in existence.

The resolutions of Lord Robert Cecil came up
for decision by the Assembly on October 8. Lord
Robert Cecil, however, took occasion to comment
in severe terms on the delays of the Great Powers
in settling the frontiers. He pointed out that, from
" the date of the ratification of the Treaty of St.
Germain (July 16, 1920), it became the function
of what we now call the Conference of Ambassadors
to deal with this frontier question. Nothing

148 THE SECOND YEAR OF THE LEAGUE

whatever was done towards that end. Nothing
was done during the rest of the year 1920, and
nothing was done during the early part of the year
1921." He then hinted pretty strongly that the
chief reason the Conference of Ambassadors took
up the matter was the appeal of Albania to the
League. He complained of the delay that wasx
still taking place, though the Powers were reported
as near agreement. " I hope and trust that it is
so, because, if I may venture very respectfully to
say so, even to such an august body as that, delays
in this matter are really criminal to the peace of
the world.

" You have no right to leave these questions
undecided. They are the subject of violent agita-
tion among the nations concerned, and each one
necessarily — you cannot blame them for it — is
engaged in stirring up such feelings as they can in
favour of the solution they desire. As long as
the matter is in dispute the agitators must go on
and must increase. Agitations of that kind are only
too likely to lead to a breach of the peace, slaughter
of men — aye, and others beside men — devastation
of the country, loss of wealth, and all the horrible
evils which attend the outbreak of hostilities. We
have no right to play with the lives and happiness
of the people in order to serve the methods of the
Old World diplomacy ! "

Anyone who heard this speech, and saw the faces
of some Old-World diplomats, would have realised
the power of publicity and of the League.

SETTLEMENT OF ALBANIAN QUESTION 149

No other notable speeches were made (though
there were some Greek protestations) except that
of Bishop Fan Noli, whose last effort before the
Assembly fully maintained his reputation as an
adroit, humorous, tactful and brief speaker. He
drew the attention of the Assembly to the difficulty
in which Albania was placed by the view of the
Great Powers that it had no frontiers. " We have
no frontiers and therefore there is no violation of
frontiers. Consequently every one of our neigh-
bours considers himself authorised to invade our
territory. None, ladies and gentlemen, can blame
us for resisting invasion. I do not see anyone
here who believes in the Christian doctrine of
non-resistance. We are in good company here,
and in spite of the fact that our presence here is so
unpleasant to our neighbours, we shall continue
to sit here." (Applause.) Again, with reference
to the Commission he made a telling point. " All I
have to say is this ... if that Commission is sent,
everybody will know there is less fanaticism inside
than outside Albania ; that our Government can
compare with any other Government in the Balkan
peninsula ! "

Lord Robert's resolutions were carried unanimously
by the Assembly and brought up before the Council
for confirmation on October 6. Italy showed some
opposition, but Mr. Balfour pointed out that the
Council could hardly go against the declared
will of the Assembly in this matter.1 The Council
1 Morning Post, October 10 ; Times, October 7.

150 THE SECOND YEAR OF THE LEAGUE

finally approved the two resolutions which ran
as follows :

(1) " The Assembly, taking note of the fact

that the Serbo-Croat-Slovene State and
Greece have recognised the Council of
the Principal Allied and Associated
Powers as the appropriate body to
settle the frontiers of Albania, under-
standing that that Council is very near
an agreement on the questions submitted
to it, and recogonising the sovereignty
and independence of Albania as estab-
lished by her admission to the League,
recommends Albania now to accept
the forthcoming decision of the Con-
ference.

(2) " The Assembly (in view of the present

unrest on the frontier) requests the
Council forthwith to appoint a small
Commission of three impartial persons to
proceed immediately to Albania and
report fully on the execution of the
decision of the Conference as soon as
given, and on any disturbances which
may occur on or near the frontier of
Albania. The Commission should have
power to appoint observers or other
officials, being impartial persons, to
enable it to discharge its functions."

They added the rider that " the Commission should

SETTLEMENT OF ALBANIAN QUESTION 151

arrive in Albania by November 1, 1921, but that
it should take no action until the decision of the
Principal Allied and Associated Powers is given."

It is worth while to pause and point out here the
exact stage which negotiations had now reached.
It appeared that the League had been defeated.
It had not been allowed to decide the frontiers and
the Assembly had failed by its moral pressure to
force the Great Powers to " speed up " their
decision. But this is really a superficial view.
The Great Powers were affected by the pressure
of the Assembly and forced to promise that they
would quickly announce their decision. Not only
that, but they were forced to consent to the
despatch of a Commission, and this Commission
was composed of neutral members, not of any
representatives of the Great Powers. It is true
that, at this stage, the Commission had no execu-
tive powers. It was a Commission of eyes and
tongues, not of hands. But in the dark places of
the Balkans eyes and tongues have a remarkable
power. In the presence or neighbourhood of
impartial observers atrocities wither and die.

Lord Robert Cecil, in moving for this Commission,
displayed a profound knowledge of Balkan psycho-
logy ; its despatch would notably have caused
the Great Powers to hasten their decision.1 In

1 A personal experience may confirm the truth of the im-
portance of the presence of observers in the Balkans. In 1910
I witnessed at Ochrida, together with the Bulgarian Exarch,
the burning of the house of a man who refused to pay taxes
by the Young Turkish gendarmerie. Subsequently I found

152 tfHE SECOND YEAR OF THE LEAGUE

fact, however, dramatic developments took place
which produced an entirely different denouement
within six weeks.

(h) The Denouement (October -November)

The absurdities of the Mirdite Republic and of
the Serb-Croat-Slovene claim that there was no
recognised Government in Albania had induced the
League somewhat to discount the Albanian charges
that the Serb troops were advancing beyond the
demarcation line. After the first week of October,
as the League Assembly dispersed, signs became
evident that serious disturbance was taking place
in areas close to the demarcation line which had
previously been in the Albanian zone. It was
clear that brigands and comitadjis were advancing ;
according to the Serbs they were the Mirdite rebels,
but it was never explained how these could be
provided with artillery and aeroplanes. Moreover,
the Serb-Croat-Slovene Government did not them-
selves deny that their troops on the demarcation
line were being reinforced, and the Belgrade Press

that the Bulgarian Exarch had communicated to the newspapers
the fact that I had witnessed (and photographed) this act of
official arson. Much amazed, I sought an explanation.

Moi : " Why did you insert this without my leave ? "

EXARCH : " Because I did not know if you would grant
permission."

Moi : " What is the point of doing so ? "

EXARCH : " If I alone complain or report the matter I shall
be considered a liar or an interested party." (The taxpayer was a
Slav.) " If I can point to the fact that the arson was witnessed
by an impartial observer, the fact cannot be denied, and you
have an international incident at. once."

SETTLEMENT OF ALBANIAN QUESTION 153

was extraordinarily violent and provocative. The
situation, from being irritating and a nuisance, had
at the beginning of November at last become
definitely alarming and a danger. Under this
pressure the Principal Powers finally acted, decided
upon the frontiers, and at last gave full diplomatic
recognition to the Albanian Government. Evi-
dently events moved fast, for so late as October 8
the Marquis della Torretta, the Italian Foreign
Minister, declared that "it was the intention of
Italy to secure for Albania the boundaries of
1913."

At the end of October the Serb troops (?) occupied
Oroshi — the capital of the Mirdite area — and
Lurya, a place of strategical importance, and
continued their advance. The situation therefore
now was that a definite military advance beyond
the demarcation line was in progress which con-
stituted a real menace to the Albanian State and
Government.

On November 3 the Council of Ambassadors
finally decided on the frontiers.1 On the 7th Great
Britain took action by the following telegram to
the Secretary- General of the League :

" Continued advance of Jugo-Slav forces into
Albania being of nature to disturb international
peace His Majesty's Government desire to call the
attention of the Council thereto and request that

1 See reply of Mr. Harmsworth, Commons, Nov. 7. The
formal decision is dated Nov. 9.

154 THE SECOND YEAR OF THE LEAGUE

you will take immediate steps to summon meeting
of the Council to consider situation and to agree
upon measures to be taken under Article 16 in the
event of the Serb-Croat-Slovene Government re-
fusing or delaying to execute their obligations
under the Covenant. Ambassadors Conference
have now decided frontiers of Albania, which will
at once be notified to interested parties."
November 7. (Signed) D. LLOYD GEORGE.

The substance of this telegram was made known
that night to the House of Commons. Great Britain
followed up this step by recognizing the Albanian
Government, a step which was immediately
adopted by Italy. On November 12 the Council of
Ambassadors, representing Great Britain, France,
Italy and Japan, formally communicated to the
Council of the League their decision on the frontiers
and their recognition of the Albanian Government.

When the Council finally assembled the Serb-
Croat-Slovenes were quite clearly placed at a grave
disadvantage. The frontiers decision offered them
concessions of Albanian territory, though they
were menacing Albania. The threat under Article
16 of the Covenant of a " joint economic blockade "
of the Powers against them had already begun to
have its effect. The Serbian exchange was falling.
The Serbian loan in London was becoming un-
negotiable. The Serbs were already withdrawing
their troops from Albania and had announced their
acceptance of the frontiers on November 16, when

SETTLEMENT OF ALBANIAN QUESTION 155

the Council met to consider the application of the
economic blockade. The first session was secret,
but on the 17th a public session was held. Mr.
Fisher informed the Council that the British
Government was gravely disturbed at the Serb
action, especially as the frontiers award was
favourable to the Serb-Croat-Slovene State. He
did not mince matters, but said that " the British
Government infers . . . that a plan is on foot
for detailing the North of Albania " (i.e., all Albania
north of the Mat River) " from the Tirana Govern-
ment by encouraging certain disaffected members
of the Mirdite tribes to revolt from the Government
of Tirana." As some of Wrangel's Russians had
been seenin theadvance he asked pertinently, "How
could these forces have been either organised or
equipped " (incidentally with guns and aeroplanes)
"without the assistanceof the Jugo-Slav authorities?
Why, indeed, have the Belgrade newspapers made
no secret of the support given to the movement by
the Serb-Croat-Slovene Government ? " He then
quoted evidence from the British commercial
representative at Durazzo to show that devastation
of territory, etc., by the Serb troops had taken place.
He demanded, therefore, a definite termination of
these serious incidents, and, though, " perhaps the
blame is not all on one side, the Serbs with a great
and well-equipped army must see that there is no
further cause for trouble." Both Serb-Croat-
Slovene and Albanian representatives indicated
their acceptance of the frontiers at this meeting.

156 THE SECOND YEAR OF THE LEAGUE

On the 18th theSerbianrepresentative, M. Boskovic,
attempted some justification of their position. Mr.
Fisher, in reply, quoted effectively from Belgrade
newspapers, and asked definitely that an end might
be put " to this lamentable story." On the 19th
the Council finally ended the tale by adopting a
resolution. This merely recorded, first, the decision
on the frontiers ; next, the declaration of the
Serb-Croat-Slovene Government that tney were
evacuating all territory immediately beyond their
new frontiers ; and, finally, the declarationof Albania
and the Serb- Croat-Slovene State that they would live
in future as good neighbours. It next gave power to
Lord Robert Cecil's Commission of Enquiry (which
had finally left for Albania on November 11) to
inform the Council of the retirement of Serb-Croat-
Slovene and Albanian troops from the provincial
zone of demarcation, to keep in touch with the
Delimitation Commission, and to " place itself at
the disposal of the local authorities to assist in
carrying out the evacuation so as to avoid inci-
dents.") " The (Enquiry1 Commission shall satisfy
itself that no outside assistance is given in support
of a local movement which might disturb internal
peace in Albania. The Commission shall examine and
submit to the Council measures to end the present
disturbances and to prevent their recurrence."
In other words, that Commission, whose despatch

1 As the exact detail of the Frontiers was to be determined
by a Delimitation Commission, it was decided on Nov. 18 to make
both parties retire from provisional zones of demarcation in
the areas affected by the frontier decision.

SETTLEMENT OF ALBANIAN QUESTION 157

had been almost opposed by more than one Great
Power, was now endowed with large authority by
those very Powers. The Assembly was strikingly
vindicated, the authority of the Covenant was
upheld, Albania was at last recognised individually
by great states as well as collectively by the
League, her frontiers were at last defined, and the
aegis of the protection of the Great Powers was
thrown over her.

(j) Reflections on the Albanian Question

It would seem that this was a happy ending to
the story. But this is only partly true. Evacua-
tion of North Albania in mid-November was certain
to meet with difficulties and delays, and repatria-
tion of refugees was impossible. Had the Principal
Powers decided on the frontiers and insisted on
evacuation a month earlier, grave incidents would
have been averted. Not only would evacuation
have taken place completely before winter, but,
what was much more important, the Commission
of Enquiry could have supervised the repatriation
of the 40,000 homeless refugees who had been driven
from the disputed areas and had sought refuge i n
Albania. These poor people must therefore drag
out another winter dependent on the support of
the American Red Cross and the Albanian Govern-
ment. In summing-up we may distinguish several
aspects (i.) the frontiers decision, (ii.) the Italian
attitude, (iii.) the League policy.

158 THE SECOND YEAR OF THE LEAGUE

(i .) The Frontiers Decision. — The decision on the
frontiers is more fully analysed elsewhere,1 but its
results can be briefly stated. The frontiers of 1913
were intended by Austria-Hungary to make relations
difficult between Serbia and Albania, and they
admirably effected that end . They corresponded to
no ethnic, geographic or strategic principles, and
included such absurdities as leaving the Serbs in
possession of two towns and the Albanians pos-
sessed of the only road between them. The
Northern Commission had been unable to conclude
its work because the frontiers laid down in London
were based on inaccurate maps. What the Con-
ference of Ambassadors now did was to make it
difficult for either side to fight one another by
interposing natural barriers — in the Kastrati area
and the Prisrend area — removing the Albanians
from dangerous proximity to Serbian towns, and
by giving one road wholly to Serbia and another
wholly to Albania. With the latter small exception
all the rectifications were in favour of Serbia.
But the land transferred is mostly barren mountain
and the population transferred is quite small.
Only in the Kastrati area is any transfer of moment
made, and here the objection is sentimental rather
than practical.

It is clear that the Albanians would have been
wise to accept these frontiers at once, for they would
then have been able to repatriate their refugees

1 Vide Appendix III.

SETTLEMENT OF ALBANIAN QUESTION 159

before winter came in. Moreover, the Albanians
themselves did not claim that Albania should include
some hundreds of thousands of Albanians who lie
beyond the frontiers of 1913. They were not,
therefore, standing out for the true ethnic principles ;
they did not dare to do so. The frontiers of 1913
in the Argyrocastro area handed over many
thousands of Greeks and Grsecophils to Albania, and
she was, in point of fact, extremely fortunate to
have this award confirmed by the decision of 1921.
It is evident that she herself thought so, for on
the news (not official) reaching Albania that she
was to receve Argyrocastro, fetes were organised by
the Government to celebrate this event. It is
singular that this concession to Albanian sentiment,
which was a violation of the ethnic principle, in
no way induced the Albanians or their British
supporters to moderate their claims elsewhere.
It is true that Italy was still standing out for the
frontiers of 1913 in the first week of October. But
Italy's interest in Albania is not the same as
Albania's interest in herself. The Albanians seem
to have been induced to " stick out " for the
frontiers of 1913 largely owing to the vociferous
support of their misguided though sincere Albano-
phile friends in England. These latter encouraged
them in the Press to refuse all concession on this
point instead of advising them to make small
concessions to avoid greater ones. It is a remark-
able fact that the Albanophiles kept complaining
that all diplomats were intriguers and that the

160 THE SECOND YEAR OF THE LEAGUE

frontiers of Albania ought to be decided by the
Assembly of the League, not by the Council of
Ambassadors. Yet when on October 3 the Assem-
bly recommended the League to accept the decision
of the Ambassadors on the frontiers, there was no
change in the attitude of Albanophiles in this
country, and the new Albanian ministry, which took
office in October, re-affirmed its adhesion to the
frontiers of 1913. Everyone sympathises with
Albania's difficulties, but if the Albanian Govern-
ment had made it clear in August that it would
accept the frontiers according to the proposals
then rumoured, Italy would not have received a
highly important concession at the end of Sep-
tember or early in October, which may in the end
be much more fatal to Albania than is the loss of a
few square kilometres of mountain country.

(ii.) The Concession to Italy. — A great deal
had been heard of Italy's interest in Albania,
but towards the end of September Press rumours
became definite that some such concession to
Italy had actually been made by the Great Powers.
Nothing is certainly known except that on
November 16 it was announced in the Press that
" a formula for governing the future national
status of Albania has recently been accepted by the
British, French and Italian Governments." Re-'
cently is a term hard to interpret, but rumours on
the subject of Great Britain and France having
accepted a formula safeguarding Italy's interests
in Albania were already afloat in the Press at the

SETTLEMENT OF ALBANIAN QUESTION 161

end of September. Torretta was still refusing to
accept the modification of the 1913 frontiers on
October 8, but subsequently did so. This accep-
tance of the " formula " can therefore hardly have
been earlier than the end of September, and may
have been dependent on Italy's accepting the
modified frontiers. This she did at any rate on
November 3. The formula is described as follows :
" In this (formula ) it is recognised that any
violation of the Albanian frontiers constitutes a
menace to the strategical security of Italy, and
Great Britain and France agree to recommend to
the League of Nations that any intervention which
might be necessary for the purpose of restoring
the territorial frontiers of Albania should be
delegated to Italian troops. Should the League
decide not to intervene, the two Powers (i.e., France
and Great Britain) will reconsider the question
in the light of the recognised menace to Italian
strategical security referred to above." This
declaration is not wholly satisfactory. Italy con-
stitutes herself the restorer of Albania's territorial
integrity, if it is violated by her neighbours (i.e.,
Greeks and Serb-Croat-Slovenes). Great Britain
and France will vote in the League Council for
Italy having the mission to restore order. On the
other hand, the League can refuse to intervene
because its decisions must be unanimous, and in
such case Great Britain and France will reconsider
the question, though admitting that Italy is
strategically menaced by such violation. This

162 THE SECOND YEAR OF THE LEAGUE

formula does apparently give Italy some sort of
undefined right of intervention under certain
circumstances, in view of her " strategical in-
terests." Italian troops still occupy the island of
Sasseno, which commands the Bay of Valona, and,
though Sasseno therefore still belongs juridicially
to Albania, Italy practically holds it. This is
perhaps purely the affair of Italy and Albania.
But it is not easy to see how an external power can
have a " strategical interest " in another state's
security. Still less can it be seen how any right of
intervention by Italy is compatible with the
" sovereignty and independence " of Albania (for
which Italy has several times publicly expressed her
desire) and which has been stated as a basic
principle by the League on several occasions.

(iii.) The League. — One thing is certain. Albania
owes to the League what America owes to Columbus,
that is, " among other things, her existence." She
owes it to the League that the Conference of Ambas-
sadors finally decided to take up the question of her
frontiers. She owes it to the League that her
wrongs were trumpeted forth to the world during
the whole period of the session of the Second
Assembly. She owes it to the League, above all,
that a Commission of Enquiry was sent out, which
eventually became a most important instrument for
effecting the evacuation of Albania and for pre-
venting any renewals of unrest and disturbance.
Finally, and last of all, Albania owes it to the League
that the policy of the Economic Blockade was

SETTLEMENT OF ALBANIAN QUESTION 163

invoked in her favour, and with success. At every
stage of her origin and development since the war
the League has been the friend and champion of
Albania, and this work has been accomplished by
purely moral force.

THE LEAGUE IN RELATION TO THE

BRITISH DOMINIONS, TO LATIN AMERICA

AND TO THE UNITED STATES

THE experience of most of those who watched the
Second Assembly was that the League had demon-
strated itself to be a European necessity. The
governing of Danzig and the Saar, the stopping of
hostilities between Lithuania and Poland, the
settling of Albanian and Silesian questions were all
great services. The question that remained was
this : Is the League of real service to Asia, to Africa,
to Australasia and to the Americas ? Of the first
two there can be no doubt ; Europe is too engaged
with both Continents not to require the League to
disentangle the difficulties that will arise in regard
to them. With the British Dominions and the
Americas the story may be different.

I. THE BRITISH DOMINIONS

This is not the place to discuss the position of
the British Dominions in the League, though it
is one of unusual, and even of extraordinary,
interest. Their position is anomalous, for they

164

LEAGUE AND BRITISH DOMINIONS 165

have acquired powers both for and against their
Mother Country. A bold individual is said to have
asked a prominent Dominion representative, " Would
your Dominion help the League in economically
blockading the Old Country ? " To which the
Dominion statesman diplomatically replied : " I
will not contemplate such a contingency as pos-
sible." This is sound in sense, but not in law. It
is not really easy to see how the members of the
League can assume its obligations without becoming
separate states, though it is specially provided that
" A member of the League can be a dominion or
colony." One significant point may be noted :
Article 35 of the Protocol of the Permanent Court
of International Justice throws open the Court to
members of the League and also to states mentioned
in the Annex to the Covenant, i.e., Canada, Aus-
tralia, etc. This article might, therefore, make
Canada a litigant against Australia, or both
Dominions litigants against Great Britain. It is
interesting that in the conventions made at
Barcelona, the representative of Great Britain
made an express reservation on this head.1

(a) Canada

On the whole it is perhaps true, to say that the
Dominions have not defined their attitude, but
that under certain circumstances they have shown

1 Hammarskiold, Permanent Court of International Justice,
p. 18.

166 THE SECOND YEAR OF THE LEAGUE

considerable independence. Perhaps Canada has
been most original in this way. In the First Assembly
Mr. Rowell (Canada) denounced the secret Treaty
of London (April 26, 1915) as "unjust," though
Great Britain was a party to it, and advocated the
admission of Albania while Great Britain was still
resisting it. Mr. Rowell also stood up stoutly for
the doctrine that the American continent should
not pool its raw materials with those of Europe.1
In the Second Assembly, Chief Justice Doherty, as
already described on pp. 64 and 65, argued for the
deletion of Article 10 of the Covenant. Not
wholly consistent with this attitude of detachment
from Europe was another action of Mr. Doherty
in carrying a motion requesting the principal Allied
Powers to define the status of East Galicia. This
measure was doubtless influenced by the fact that
numbers of East Galicians have emigrated to
Canada, and carry political weight there. Mr.
Doherty, in his speech of September 12, dwelt on
the interest Canada felt in having a representative
(Mr. Warre) on the Saar Valley Commission, and
assured all of Canada's fidelity to the League.

(b) Australia

Mr. Hughes has tended in his speeches to empha-
sise the value of a British, rather than an Inter-
national, League of Nations. Nor has the action

1 He also criticised the amount of the salary of the Secretary-
General, who is a British subject, though an international official.

LEAGUE AND BRITISH DOMINIONS 167

of Australia indicated much interest in the League.
At the last moment, however, Captain Bruce was
appointed as Australia's representative to the
Second Assembly, and his influence was marked
in the Committee on Constitutional Amendments.
In his speech at the Assembly of September 13,
he stressed the views of Australia as two, to " con-
sider and, if necessary, to criticise the actions of
the Council, and to endeavour to substitute
international justice for the arbitrament of war.
He ended with the remarkable words : "If the
League of Nations goes, the hope of mankind
goes also." There was perhaps significance in
the fact that he took no part in the Debate on
Mandates.

New Zealand has always been remarkable for a
close attachment to the Empire, but it is also no
enemy to the League.1 Sir James Allen, who
spoke on the Mandates Debate, September 23, gave
the benefit of his great practical experience of the
working of C Mandates in Samoa. As an
instance of the dangers of delay in defining them,
he told an " exaggerated but true " story. " In
Western Samoa a resident, not a native, but one
who had lived there many years, actually suggested,
instead of the C Mandate being granted, that

1 As reported in Press, Jan. 3, 1021, Mr. Massey indicated that
in international conferences the British Empire should present
a united front.

168 THE SECOND YEAR OF THE LEAGUE

Samoa should be handed over to the ex-Kaiser ! "
The moral of this story was that the A and B
Mandates should be defined as soon as possible.

(d) South Africa

General Smuts is famous as one of the first to
conceive the idea of a League, and one of those
who laid down the doctrine of Mandates for
governing the backward races. To judge by his
public utterances he combines an intense belief in
the League with a very extended doctrine of the
powers to be enjoyed by the individual Dominions
under the British Crown, and he strongly insisted
on the United States recognising their separate
representation at Washington. His three repre-
sentatives, Lord Robert Cecil, Professor Gilbert
Murray and Sir A. Blankenberg were among the
most distinguished of any delegates.1 They an-
nounced that their chief purpose and instruction
was to press the question of disarmament on
Assembly and Council, notably on the Council.

(e) India

India is now recognised as having Dominion
status. Its representation was headed by Sir
William Meyer, the High Commissioner, and the
other delegates were the Maharao of Cutch and
Mr. Sastri. The first devoted himself chieflv to

1 It is interesting that, in a committee meeting on revision
of Art. 18, the South African representative voted against the
British proposition.

LEAGUE AND BRITISH DOMINIONS 169

finance, where he showed his independence by
attacking British proposals. Mr. Sastri's activities
have already been described in Chapter I. He was
notable among other things as a sturdy upholder
of the use of English, as well as French, upon
committees.

On the whole the British Dominion repre-
sentatives gave the idea that they had not
quite realised or expressed their position in respect
to the League. Their virility, individuality, inde-
pendence and power will always be an asset to it.
The query arises : What do they get in return ?
The real answer to this is obvious. They owed to
the League the fact that they have not only become
nations but are recognised as such in the eyes of
the world. The genuine astonishment of foreigners
that the various Dominion speakers should take a
line independent of the Mother Country shows this
fact well. As long as the Dominions remain in
the League they will increase their prestige in the
eyes of the world. If, and as soon as, they retire,
they will depress it. Hence no sooner will a
Dominion have retired from the League than it
will at once seem to rejoin it. What could give,
for example, Ireland a position in the world like her
appearance at the League as a Dominion ?

II. LATIN AMERICA
(a) General

If the gain of the League to the British Dominions
is on the whole clear, that is not the case with

170 THE SECOND YEAR OF THE LEAGUE

Spanish Americans. They represent 90 millions
of men, and 16 members of the League, and are
curiously enough grouped round, and much in-
fluenced by, Spain, their original mother, whose
misgovernment caused their independence. One
of their great demands was for Spanish to have an
equality with English and French as a language of
the League. Spanish can be spoken, and was by
M. de Gimeno (September 12). but it is not an
official language, and this is one cause of grievance.
A more serious consideration is as to whether the
League can afford permanent assistance or give
substantial benefits to Latin America. Brazil,
i.e., Portuguese America, is represented on the
Council and therefore has a great position, but this
fact is generally believed to have been the cause
of the defection of the Argentine Republic,
which considered Spanish America slighted as she
was not chosen. The Latin American speakers are
often interesting, most of them are eloquent, some
subtle in technicalities, one or two, like M. Restrepo
(Colombia) humorous. They do not always vote
en bloc; for instance, the Argentinian amendment
to the Covenant, which some aver to have been pro-
German in tendency (vide chap. III., sect, e), was
supported by four of them but opposed by others.
They secured two judges in the Court of Justice —
including a Spaniard, three ; they failed, however,
to nominate Alvarez (Chile) owing to the opposi-
tion of the Council. They also failed to carry
da Cunha (Brazil) as President of the Assembly.

LEAGUE AND BRITISH DOMINIONS 171

But earlier in the year, at the Transit Conference
at Barcelona, they achieved important results in
concert. In any case they always represent a
formidable potential force.

When considering practical matters they must
ask themselves what they gain by the League,
and in material terms the answer is not easy
in view of the limiting factors of the expense and
distance. There arose, for example, a dispute
between Panama and Costa Rica, which led to
fighting in February, 1921. The Council of the
League (March 4) telegraphed to both parties,
recalling to them their obligations under the League.
The Council reported later that all danger of conflict
had been averted by " the good offices of the United
States." This was a polite way of putting it.
In brutal fact the United States informed both
parties that hostilities would not be tolerated, and
sent a battleship to enforce her views. This
settled the matter, but the incident did not exhibit
the League in a very effective light.

(b) Dispute between Chile and Bolivia

The dispute between Bolivia and Chile, which was
thoroughly discussed before the Assembly, was
hardly more reassuring to Latin Americans. Bolivia
had requested a revision of her treaty with Chile
of October 20, 1904. By this she had ceded under
duress very valuable nitrate-producing territory,
and she was asked to have the treaty declared

172 THE SECOND YEAR OF THE LEAGUE

*' inapplicable " under Article 19 of the Covenant.
On September 7 Don Edwards, the Chilean dele-
gate, opposed this demand as " inadmissible " !
President Karnebeek, with great tact, ultimately
succeeded in transferring the dispute to a committee
of three very distinguished jurists, headed by
Struycken (Holland), as to the competence of the
Assembly under Article 19. It runs thus, " The
Assembly may from time to time advise the
reconsideration by members of the League of
treatise which have become inapplicable and the
consideration of international conditions whose
continuance might endanger the peace of the world."
The jurists delivered judgment (September 22)
that the Bolivian application was not in order
because " the Assembly . . . cannot of itself mod-
ify any treaty, the modification of treaties lying
solely within the competence of the contracting
States." The " advice " contemplated was only
where treaties have become "inapplicable," l i.e.,
" when the state of affairs existing at the moment
of their conclusion has subsequently undergone,
either materially or morally, such radical changes
that their application has ceased to be reasonably
possible or in cases of the existence of inter-
national conditions whose continuance might en-
danger the peace of the world." In other words,
Bolivia's application was quashed as a technicality.
When the matter came before the Assembly

1 " Inapplicable " appears to be a mistranslation from the
French; the English equivalent is "obsolete."

LEAGUE AND BRITISH DOMINIONS 173

(September 28) the Bolivian delegate, Aramayo,
compared his country to the " lamb " and Chile to
the "wolf" of fable. Don Edwards offered to
negotiate on the Treaty direct, Mr. Balfour spoke
soothing words, and the affair ended. Everyone
felt glad it did. It was, in fact, impossible to deal
adequately with the matter, partly owing to Chile's
opposition, partly owing to the much more serious
danger of offending the United States by violat-
ing the Monroe Doctrine. Yet Bolivia had gained
something. Chile had at least had to defend her
position publicly. Chile had offered to open
direct negotiations, and most people recognised
the force of Bolivia's moral case. Yet it was
unreasonable, in any case, to expect the League to
revise all treaties which appeared to be unjust.
That would have been giving it powers to fashion
the world anew and to redress every ancient wrong.

III. THE UNITED STATES AND THE LEAGUE

(a) Views of Mr. Harding

A number of American enthusiasts made the
pilgrimage to the Second Assembly at Geneva.
One line which they were fond of taking was that
Mr. Harding was a kind of concealed supporter
of the League. In support of this contention they
adduced the fact that three men whom he had
appointed to high positions — Herbert Hoover,
Hughes and Taft — were all of them at one time
favourers of the League, and, like Mr. Harding, were

174 THE SECOND YEAR OF THE LEAGUE

only waiting a favourable moment to drop the
mask and avow themselves its passionate cham-
pions. No European will lightly profess to under-
stand the ways of American politics, but at least
the actions and utterances of President Wilson's
successor are not at the moment encouraging.
On October 12, 1920, before he actually assumed
office, he was reported as declaring himself " un-
alterably opposed to the League," though he
favoured " an association of nations." He con-
firmed this in his Presidential address of March 4,
1921, saying, with obvious reference to the League :
*' A world super-government is contrary to every-
thing we cherish, and can have no sanction by our
Republic," and again on April 12 : "In the existing
League of the world-government, with its super-
powers, this Republic will have no part." " The
League Covenant can have no sanction for us. " And
he suggested that it had been made " an enforcing
agency of the victors in the War." This is as
remarkably definite as it is inaccurate. For,
whatever the League may be, it is not a super-
state. Unless Mr. Harding's word is to undergo
revision, he is and always will be an opponent of
the Geneva League.

(b) Views of some American Journalists at
Geneva

This conclusion does not mean that he does not
favour disarmament, arbitration and peacemaking.

LEAGUE AND BRITISH DOMINIONS 175

He is undoubtedly an enthusiast for all three.
But he makes a separate Treaty with Germany,
he advocates a sort of Hague Conference system
of arbitration " with teeth in it," and he summons
a Disarmament Conference at Washington. In
this last action Mr. Harding was not wholly con-
sistent, for one of the finest impulses behind
America's rejection of the League was the feeling
that small states were placed by it at a disadvantage
in respect to the Principal Powers. Yet when
Mr. Harding summons a Conference he entirely
disregards the small states. 'General Smuts had
to remonstrate vigorously before South Africa's
claims to representation were afforded full satis-
faction, and Mr. Branting complained in vain that
Sweden had not received any invitation. When
we add to this the vigorous coercion applied to
Panama and Costa Rica, Mr. Harding's record in
defending the rights of small states is hardly
fortunate. His policy towards the League as
a whole is more serious, for he seems to aim at
superseding or forestalling the League. That
one or other of these aims is the object of the present
United States policy can hardly be doubted. The
following passage from a distinguished American
journalist at Geneva is of value.1 " Rightly or
wrongly, everybody here is convinced that the aim
of the present American administration is to
wreck the League, if possible, first by refusing to

1 Chicago Daily News, Sept. 5. P. S. Mowrer.

176 THE SECOND YEAR OF THE LEAGUE

cooperate therewith in even the most laudable
humanitarian tentatives ; . . . second, by attempt-
ing to substitute some other international organism
made in Washington. . . . The result is that the
League is merely strengthened in its determination
to preserve its own existence."

A list of the points by which the United States
blocks or embarrasses the League was compiled
by the same American authority. They were as
follows :

(1) Disarmament. — The summons to the

Washington Conference naturally made
most of the League discussion futile, and
all of it incomplete.

(2) Mandates. — These were first interrupted

by Wilson's note and again by Harding's
note of August 24, 1921, thereby pre-
venting their definition. The League
invitation to send a representative was
not acknowledged.

(3) Austrian Financial Rehabilitation. — This

was delayed by American inaction.

(4) International Court of Justice. — The United

States refused all co-operation and did
not even acknowledge the invitation.

(5) and (6) Opium and White Slave Traffic. —

The transfer of the Conventions con-
cerning these from the Hague to the
League is accepted by all signatories
except the United States.

LEAGUE AND BRITISH DOMINIONS 177

(7) Transfer to the League from Paris of the

International Hygiene Bureau is pre-
vented by the United States.

(8) Invitation to International Immigration

Conference refused by the United States.
To these another American journalist1 added the
following :

(9) and (10) Blocking of proposals re sanctions

for Covenant breakers and re registra-
tion of Treaties.

After all this it is satisfactory to record that the
United States suddenly, at the end of September,
took to acknowledging communications from the
League, and acknowledged fifteen at once. For
this action it was ironically congratulated by yet a
third American journalist.2 May it be the first step !

All this does not reveal an agreeable prospect.
For it seems clear that the United States has at
present definitely disassociated herself from the
League andfrom all international projects with which
it may be connected. This move is in itself serious.
It is still more serious when we recollect the
warm humanitarian zeal and the intense hatred of
"imperialism," and the sincere ardour for peace
which the United States has always displayed.

1 Lincoln Eyre, New York World, Sept. 28.
1 H. Wood,' United Press, Sept. 30.

178 THE SECOND YEAR OF THE LEAGUE

But it is most serious of all when we regard the
Monroe Doctrine. This policy, under so many
different interpretations, has been constant in one
aim. The United States is to be the leading power
in the American Continents and Latin America is
to follow that lead. This policy has been an
increasingly difficult one to carry out as the
world contracted in size. The League unquestion-
ably offered an ideal opportunity of solving this
difficult problem. In it the world was to be in-
cluded, the Monroe Doctrine recognised and the
United States evidently considered as the presiding
genius of her continent. Now the struggle is to
be between the League and the United States for
the body of Latin America. Neither will surrender
without a struggle, but the sign of the League's
surrender will be the withdrawal of Latin American
States. The sign of her success will be the return
of the Argentine Republic to the fold of the League.
But every year that the United States remains
outside the League makes it more difficult for
her either to come inside it or to influence it.

A FEW REFLECTIONS

THERE is a delightful story, told by H. G. Wells,
and quoted with appreciation by Anatole France1
which reveals the modern state of inter-anarchy
preceding the creation of the League. Mr. Wells
imagines some inhabitants of the earth landing
on the moon and falling into conversation with the
Grand Lunar who rules the people of the Moon.
The Grand Lunar, a man of superior intelligence,
asked the travellers what was the form of govern-
ment on the earth. They answered that they
" were divided into independent states, some big,
some little, and all inspired by an ardent patriot-
ism, which is the ruling passion of the terrestrials.'*
" Did you not say," said the Grand Lunar,
" that these states are independent of each other ?
Then what tribunal judges their disputes ? "
"There is none," answered the terrestrial; "the
pride of the states would not suffer it. When one
of them thinks itself wronged or offended, it takes
to arms to defend its rights or avenge its honour."
On hearing this reply, the Grand Lunar looked at

1 The Nation (New York), Dec. 14, 1921, p. 695.
179

180 THE SECOND YEAR OF THE LEAGUE

the terrestrials with surprise mixed with horror and,
without saying another word to them, he had them
locked up as the most dangerous kind of fools 1

The real question that arises, therefore, to all
those who deal with the League, is as to whether
it does anything to avert the state of things on
account of which the Grand Lunar imprisoned
the terrestrials ? At present the League is the
only permanent organisation which applies or
offers any solution to the problem. For the
moment, however, we may perhaps act as ad-
vocatus diaboli and bring the arguments against it.
Mr. Lansing, President Wilson's Secretary of State,
has brilliantly marshalled them. He would not
have a territorial guarantee by the League, but
"a negative guaranty"; he would have a non-
obligatory international court like The Hague
Tribunal, and he would have had a League Council
with equal representation for all Members of the
League.1 But the equality of all states, or " inter-
national democracy," as Mr. Lansing calls it, is
not an attainable ideal. No machinery would do
away with the power and prestige of a state like
Great Britain or France at Geneva, or bring Costa
Rica or Albania up to their level. Nor would it
be democratic that a state, representing a few
hundreds of thousands, should have equal power

1 Though he proposed also a supervisory committee of five,
elected by majority of the Assembly. Vide Mr. Lansing, The
Peace Negotiations : a Personal Narrative, 1921, and a review by
my friend, Mr. J. R. M. Butler, Contemporary Review, Dec., 1921,
to which I owe much.

A FEW REFLECTIONS 181

with a state representing tens of millions. Further,
equality of power among states implies equality
of financial contribution, and in this respect the
League's experience is decisive. Small states
neither can nor will pay more than a modest
share of expenses. It has proved difficult enough
in the League to get them to pay even their
proportionate share.

It is, of course, possible to imagine an alternative
plan, but what is that plan as at present disclosed ?
Mr. Harding has advocated an association of
nations, but, when it came to disarmament, he
left out the smaller nations and summoned only
the Great Powers to Conference. So that the
only alternative to the League appears to be a
looser form of an international organisation and
a separate summoning of the Great Powers to
decide important questions. If the League stands
for anything or means anything, it means a steady
moral pressure on all Powers, and particularly on
great ones. It is much more difficult to utter
the doctrines of imperialism or of force in the
Assembly at Geneva, than to support them in a
diplomatic note or in a secret Conference. It is
much more difficult to stand up and vote against
a measure supported by an overwhelming majority
in the Assembly, than it is to decide in the privacy
of an office that the interests of country A or
country B require an opposition to that measure.
When a country advocates an unpopular cause
or opposes a popular measure in the Assembly

it feels itself morally isolated. It is frozen
by an atmosphere of cold condemnation.
No one could help pitying Askenazy as he sup-
ported Poland almost alone in the Assembly, no
one was surprised when France, which had with-
held her consent to the White Slave Traffic Con-
vention in committee, made serious concessions
in face of the enthusi asm of the Assembly. Equally
in the First Assembly Great Britain, which had
opposed Albania's admission to the League in
committee, bowed gracefully and withdrew before
a two-thirds majority of the Assembly. Such
instances might be multiplied but their significance
is quite extraordinary. One national state can
contend with another, but no state can fight an
atmosphere, an influence, a pressure which is
truly international. Such influences are silent,
subtle, gradual, moral, cumulative, and finally
irresistible.

Yet it is necessary to utter a word of caution.
Influences like these are not suddenly created and
they can only be effective if intense conviction
dwells in a majority of the Assembly. Yet it
would be a mistake to suppose, as has often
been asserted, that the League creates a superstate
or an international body which controls or coerces
national governments, or, as Mr. Butler says, " at
any rate binds them beforehand to act in ac-
cordance with the findings of some external
body." The League can do none of these things.
Even in a case like the admission of a state to

A FEW REFLECTIONS 183

the League where an individual state can be
overruled by a two-thirds majority, state sove-
reignty is amply preserved. No individual Govern-
ment is under an obligation to recognise such a
state, in spite of the collective decision. In
all other directions similar safeguards exist. As
Lord Robert Cecil has written : " The truth is
that the League, so far from being a super-state,
is not even an Alliance. The Covenant imposes
only one direct obligation which in any real sense
limits their freedom, and that is the obligation
not to go to war suddenly or secretly." l That
indeed is an important obligation and the best
hope of the future of the world. It has often
been taken by individual states to one another,
never yet been made a Covenant between so many
states .

Yet, if we seek for the triumphs of the League,
they will not in the main be in the direction of
obligations enforced. They will rather be in the
direction of frictions averted, conflicts modified,
settlements facilitated. Not only have states
sometimes been forced to yield to the moral
pressure of the League, but they have sometimes
been willing to accept terms from the League
which they would not accept from rival dis-
putants or enemies. The Silesian award is one
illustration of this ; the Albanian question, in every
one of its complicated phases, another. At the

1 American Supplement to Times, July 4, 1921, quoted by
Mr. Butler.

184 THE SECOND YEAR OF THE LEAGUE

Peace Conference it was often found that small
States would consent to accept the decision of
the Great Powers, what they had previously
refused to accept of their own free-will. The
Great Powers are beginning to learn to accept a
decision from the League, which they would not
accept from another state or even from a Con-
ference of Ambassadors.

The dangers of the League do not lie in its
constitution, in its members or in itself. They
lie in those states which are not members of the
League, like Hungary, Germany, Russia and the
United States. Only when the League encloses
all comers is it safe against all assailants.

L'ENVOI

" // you stand, and stand I trust you will, may
you stand as unimpeached in honour as in power ;
may you stand not as a substitute for virtue but as
an ornament of virtue, as a security for virtue ; may
you stand long, and stand the terror of tyrants ;
may you stand the refuge of afflicted nations ; may
you stand a sacred temple for the perpetual residence
of an inviolable justice" l — BURKE.

1 Speech in the Impeachment of Warren Hastings, June 14.
1794.

APPENDIX I

THE COVENANT OF THE
LEAGUE OF NATIONS

WITH ANNEX

APPENDIX I

(a) The Covenant of the League of Nations

THE HIGH CONTRACTING PARTIES,

In order to promote international co-operation and to achieve
international peace and security by the acceptance of obliga-
tions not to resort to war, by the prescription of open, just and
honourable relations between nations, by the firm establish-
ment of the understandings of international law as the actual
rule of conduct among Governments and by the maintenance oi
justice and a scrupulous respect for all treaty obligations in the
dealings of organised peoples with one another,

Agree to this Covenant of the League of Nations.

ARTICLE 1. — The Original Members of the League shall be
those of the Signatories which are named in the Annex to this
Covenant and also such of those other States named in the
Annex as shall accede without reservation to this Covenant.
Such accession shall be effected by a Declaration deposited with
the Secretariat within two months of the coming into force of
the Covenant. Notice thereof shall be sent to all other
Members of the League.

Any fully self-governing State, Dominion or Colony not named
in the Annex may become a Member of the League if its admis-
sion is agreed to by two-thirds of the Assembly, provided that
it shall give effective guarantees of its sincere intention to ob-
•erve its international obligations and shall accept such regula-
tions as may be prescribed by the League in regard to its military,
naval and air forces and armaments.

Any Member of the League may, after two years' notice of
its intention so to do, withdraw from the League, provided that
all its international obligations and all its obligations under this

Covenant shall have been fulfilled at the time of its withdrawal-

187

188 APPENDIX

ARTICLE 2. — The action of the League under this Covenant
shall be effected through the instrumentality of an Assembly
and of a Council, with a permanent Secretariat.

ARTICLE 3. — The Assembly shall consist of Representatives
of the Members of the League.

The Assembly shall meet at stated intervals and from time to
time as occasion may require, at the Seat of the League or at
such other place as may be decided upon.

The Assembly may deal at its meeting with any matter
within the sphere of action of the League or affecting the peace
of the world.

At meetings of the Assembly each Member of the League
shall have one vote and may have not more than three Repre-
sentatives.

ARTICLE 4. — The Council shall consist of Representatives of
the Principal Allied and Associated Powers,1 together with
Representatives of four other Members of the League. These
four Members of the League shall be selected by the Assembly
from time to time in its discretion. Until the appointment of
the Representatives of the four Members of the League first
selected by the Assembly, Representatives of Belgium, Brazil,
Greece, and Spain shall be Members of the Council.

With the approval of the majority of the Assembly, the
Council may name additional Members of the League whose
Representatives shall always be Members of the Council ; the
Council with like approval may increase the number of Members
of the League to be selected by the Assembly for representation
on the Council.

The Council shall meet from time to time as occasion may
require, and at least once a year, at the Seat of the League or
at such other place as may be decided upon.

The Council may deal at its meetings with any matter within
the sphere of action of the League or affecting the peace of the
world.

Any Member of the League not represented on the Council
shall be invited to send a Representative to sit as a member at

1 The Principal Allied and Associated Powers are the following: The United
States of America, the British Empire, France, Italy and Japan, (See Preamble of
the Treaty of Peace with Germany.)

APPENDIX 189

any meeting of the Council during the consideration of matters
specially affecting the interests of that Member of the League.
At meetings of the Council, each Member of the League re-
presented on the Council shall have one vote and may not have
more than one Representative.

ARTICLE 5. — Except where otherwise expressly provided in
this Covenant, or by the terms of the present Treaty, decisions
at any meeting of the Assembly or of the Council shall require
the agreement of all the Members of the League represented at
the meeting.

All matters of procedure at meetings of the Assembly or of
the Council, including the appointment of Committees to inves-
tigate particular matters, shall be regulated by the Assembly
or by the Council and may be decided by a majority of the
Members of the League represented at the meeting.

The first meeting of the Assembly and the first meeting of
the Council shall be summoned by the President of the United
States of America.

ARTICLE 6. — The permanent Secretariat shall be established
at the Seat of the League. The Secretariat shall comprise a
Secretary-General and such secretaries and staff as may be
required.

The first Secretary-General shall be the person named in the
Annex ; thereafter the Secretary-General shall be appointed
by the Council with the approval of the majority of the Assembly.

The secretaries and staff of the Secretariat shall be appointed
by the Secretary-General with the approval of the Council.

The Secretary-General shall act in that capacity at all meetings
of the Assembly and of the Council.

The expenses of the Secretariat shall be borne by the Members
of the League in accordance with the apportionment of the
expenses of the International Bureau of the Universal Postal
Union.

ARTICLE 7. — The Seat of the League is established at Geneva.

The Council may at any time decide that the Seat of the League
shall be established elsewhere.

All positions under or in connection with the League, includ-
ing the Secretariat, shall be open equally to men and women.

190 APPENDIX

Representatives of the Members of the League and officials
of the League when engaged on the business of the League shall
enjoy diplomatic privileges and immunities.

The buildings and other property occupied by the League or
its officials or by Representatives attending its meetings shall
be inviolable.

ARTICLE 8. — The Members of the League recognise that the
maintenance of peace requires the reduction of national arma-
ments to the lowest point consistent with national safety and the
enforcement by common action of international obligations.

The Council, taking account of the geographical situation and
circumstances of each State, shall formulate plans for such
reduction for the consideration and action of the several
Governments.

Such plans shall be subject to reconsideration and revision at
least every ten years.

After these plans shall have been adopted by the several
Governments, the limits of armaments therein fixed shall not
be exceeded without the concurrence of the Council.

The Members of the League agree that the manufacture by
private enterprise of munitions and implements of war is open to
grave objections. The Council shall advise how the evil effects
attendant upon such manufacture can be prevented, due regard
being had to the necessities of those Members of the League
which are not able to manufacture the munitions and imple-
ments of war necessary for their safety.

The Members of the League undertake to interchange full
and frank information as to the scale of their armaments, their
military, naval and air programmes, and the condition of such
of their industries as are adaptable to warlike purposes.

ARTICLE 9. — A permanent Commission shall be constituted
to advise the Council on the execution of the provisions of
Articles i and 8 and on military, naval and air questions generally.

ARTICLE 10. — The Members of the League undertake to respect
and preserve as against external aggression the territorial in-
tegrity and existing political independence of all Members of
the League. In case of any such aggression or in case of any

APPENDIX 191

threat or danger of such aggression, the Council shall advise
upon the means by which this obligation shall be fulfilled.

ARTICLE 11. — Any war or threat of war, whether immediately
affecting any of the Members of the League or not, is hereby
declared a matter of concern to the whole League, and the
League shall take any action that may be deemed wise and
effectual to safeguard the peace of nations. In case any such
emergency should arise, the Secretary- General shall on the
request of any Member of the League forthwith summon a
meeting of the Council.

It is also declared to be the friendly right of each Member of
the League to bring to the attention of the Assembly or of the
Council any circumstance whatever affecting international
relations which threatens to disturb international peace or the
good understanding between nations upon which peace depends.

ARTICLE 12. — The Members of the League agree that if there
should arise between them any dispute likely to lead to a rup-
ture, they will submit the matter either to arbitration or to
enquiry by the Council, and they agree in no case to resort to
war until three months after the award by the arbitrators or
the report by the Council.

In any case under this Article the award of the arbitrators
shall be made within a reasonable time, and the report of the
Council shall be made within six months after the submission
of the dispute.

ARTICLE 13. — The Members of the League agree that when-
ever any dispute shall arise between them which they recognise
to be suitable for submission to arbitration and which cannot
be satisfactorily settled by diplomacy, they will submit the
whole subject-matter to arbitration.

Disputes as to the interpretation of a treaty, as to any question
of international law, as to the existence of any fact which if estab-
lished would constitute a breach of any international obligation,
or as to the extent and nature of the reparation to be made for
any such breach, are declared to be among those which are
generally suitable for submission to arbitration.

For the consideration of any such dispute, the court of arbi-
tration to which the case is referred shall be the court agreed on

192 APPENDIX

by the parties to the dispute or stipulated in any convention
existing between them.

The Members of the League agree that they will carry out in
full good faith any award that may be rendered and that they
will not resort to war against a Member of the League which com-
plies therewith. In the event of any failure to carry out such an
award, the Council shall propose what steps should be taken to
give effect thereto.

ARTICLE 14. — The Council shall formulate and submit to the
Members of the League for adoption plans for the establishment
of a Permanent Court of International Justice. The Court
shall be competent to hear and determine any dispute of an
international character which the parties thereto submit to it.
The Court may also give an advisory opinion upon any dispute
or question referred to it by the Council or by the Assembly.

ARTICLE 15. — If there should arise between Members of the
League any dispute likely to lead to a rupture which is not sub-
mitted to arbitration as above, the Members of the League
agree that they will submit the matter to the Council. Any
party to the dispute may effect such submission by giving notice
of the existence of the dispute to the Secretary-General, who
will make all necessary arrangements for a full investigation and
consideration thereof.

For this purpose the parties to the dispute will communicate
to the Secretary-General, as promptly as possible, statements
of their case with all the relevant facts and papers, and the
Council may forthwith direct the publication thereof.

The Council shall endeavour to effect a settlement of the dis-
pute, and, if such efforts are successful, a statement shall be
made public giving such facts and explanations regarding the
dispute and the terms of settlement thereof as the Council
may deem appropriate.

If the dispute is not thus settled, the Council, either unani-
mously or by a majority vote, shall make and publish a report
containing a statement of the facts of the dispute and the recom-
mendations which are deemed just and proper in regard thereto.

Any Member of the League represented on the Council may
make public a statement of the facts of the dispute and of its
conclusions regarding the same.

APPENDIX 193

If a report by the Council is unanimously agreed to by the
Members thereof other than the Representatives of one or more
of the parties to the dispute, the Members of the League agree
that they will not go to war with any party to the dispute which
complies with the recommendations of the report.

If the Council fails to reach a report which is unanimously
agreed to by the Members thereof other than the Represen-
tatives of one or more of the parties to the dispute, the Members
of the League reserve to themselves the right to take such
action as they shall consider necessary for the maintenance of
right and justice.

If the dispute between the parties is claimed by one of them,
and is found by the Council, to arise out of a matter which by
international law is solely within the domestic jurisdiction of
that party, the Council shall so report and shall make no recom-
mendation as to its settlement.

The Council may in any case under this Article refer the dis-
pute to the Assembly. The dispute shall be so referred at the
request of either party to the dispute, provided that such request
be made within fourteen days after the submission of the
dispute to the Council.

In any case referred to the Assembly, all the provisions of
this Article and of Article 12 relating to the actions and powers
of the Council shall apply to the action and powers of the Assem-
bly, provided that a report made by the Assembly, if concurred
in by the Representatives of those Members of the League repre-
sented on the Council and of a majority of the other Members
of the League exclusive in each case of the Representatives of
the parties to the dispute, shall have the same force as a report
by the Council concurred in by all the Members thereof other
than the Representatives of one or more of the parties to the
dispute.

ARTICLE 16. — Should any Member of the League resort to
war in disregard of its covenants under Articles 12, 13, or 15,
it shall ipso facto be deemed to have committed an act of war
against all other Members of the League, which hereby under-
take immediately to submit it to the severance of all trade or
financial relations, the prohibitions of all intercourse between
their nationals and the nationals of the covenant-breaking State,

194 APPENDIX

and the prevention of all financial, commercial or personal inter*
course between the nationals of the covenant-breaking State
and the nationals of any other State, whether a Member of the
League or not.

It shall be the duty of the Council in such case to recommend
to the several Governments concerned what effective mib'tary,
naval or air forces the Members of the League shall severally
contribute to the armed forces to be used to protect the coven-
ants of the League.

The Members of the League agree, further, that they will
mutually support one another in the financial and economic
measures which are taken under this Article in order to minimise
the loss and inconvenience resulting from the above measures,
and that they will mutually support one another in resisting
any special measures aimed at one of their number by the
covenant-breaking State, and that they will take the necessary
steps to afford passage through their territory to the forces of
any of the Members of the League which are co-operating to
protect the covenants of the League.

Any Member of the League which has violated any covenant
of the League may be declared to be no longer a Member of the
League by a vote of the Council concurred in by the Represen-
tatives of all the other Members of the League represented
thereon.

ARTICLE 17. — In the event of a dispute between a Member of
the League and a State which is not a Member of the League,
or between States not Members of the League, the State or
States not Members of the League shall be invited to accept
the obligations of membership in the League for the purposes
of such dispute, upon such conditions as the Council may deem
just. If such invitation is accepted, the provisions of Articles
12 to 1 6 inclusive shall be applied with such modifications as
may be deemed necessary by the Council.

Upon such invitation being given, the Council shall immediately
institute an inquiry into the circumstances of the dispute and
recommend such action as may seem best and most effectual
in the circumstances.

If a State so invited shall refuse to accept the obligations of
membership in the League for the purposes of such dispute,

APPENDIX 195

and shall resort to war against a Member of the League, the
provisions of Article 16 shall be applicable as against the State
taking such action.

If both parties to the dispute, when so invited, refuse to accept
the obligations of membership in the League for the purposes
of such dispute, the Council may take such measures and make
such recommendations as will prevent hostilities and will result
in the settlement of the dispute.

ARTICLE 18. — Every treaty or international engagement
entered into hereafter by any Member of the League shall be
forthwith registered with the Secretariat and shall as soon as
possible be published by it. No such treaty or international
engagement shall be binding until so registered.

ARTICLE 19. — The Assembly may from time to time advise
the reconsideration by Members of the League of treaties which
have become inapplicable and the consideration of international
conditions whose continuance might endanger the peace of the
world.

ARTICLE 20. — The Members of the League severally agree
that this Covenant is accepted as abrogating all obligations
or understandings infer se which are inconsistent with the terms
thereof, and solemnly undertake that they will not hereafter
enter into any engagements inconsistent with the terms thereof.
In case any Member of the League shall, before becoming
a Member of the League, have undertaken any obligations in-
consistent with the terms of this Covenant, it shall be the duty
of such Member to take immediate steps to procure its release
from such obligations.

ARTICLE 21. — Nothing in this Covenant shall be deemed to
affect the validity of international engagements such as treaties
of arbitration or regional understandings like the Monroe Doc-
trine for securing the maintenance of peace.

ARTICLE 22. — To those colonies and territories which as a
consequence of the late war have ceased to be under the
sovereignty of the States which formerly governed them and
which are inhabited by peoples not yet able to stand by them*

196 APPENDIX

selves under the strenuous conditions of the modern world, there
should be applied the principle that the well-being and develop-
ment of such peoples form a sacred trust of civilisation and that
securities for the performance of this trust should be embodied
in this Covenant.

The best method of giving practical effect to this principle
is that the tutelage of such peoples should be entrusted to ad-
vanced nations which, by reason of their resources, their ex-
perience or their geographical position, can best undertake
this responsibility, and which are willing to accept it, and that
this tutelage should be exercised by them as Mandatories on
behalf of the League.

The character of the mandate must differ according to the
stage of the development of the people, the geographical situa-
tion of the territory, its economic conditions and other similar
circumstances.

Certain communities formerly belonging to the Turkish
Empire have reached a stage of development where their exist-
ence as independent nations can be provisionally recognised
subject to the rendering of administrative advice and assistance
by a Mandatory until such time as they are able to stand alone.
The wishes of these communities must be a principal considera-
tion in the selection of the Mandatory.

Other peoples, especially those of Central Africa, are at such
a stage that the Mandatory must be responsible for the adminis-
tration of the territory under conditions which will guarantee
freedom of conscience or religion, subject only to the main-
tenance of public order and morals, the prohibition of abuses
such as the slave trade, the arms traffic and the liquor traffic,
and the prevention of the establishment of fortifications or mili-
tary and naval bases and of military training of the natives for
other than police purposes and the defence of territory, and will
also secure equal opportunities for the trade and commerce of
other Members of the League.

There are territories, such as South- West Africa and certain
of the South Pacific Islands, which, owing to the sparseness of
their population, or their small size, or their remoteness from the
centres of civilisation, or their geographical contiguity to the
territory of the Mandatory, or other circumstances, can be
best administered under the laws of the Mandatory as integral

APPENDIX 197

portions of its territory, subject to the safeguards above men-
tioned in the interests of the indigenous population.

In every case of mandate, the Mandatory shall render to the
Council an annual report in reference to the territory committed
to its charge.

The degree of authority, control or administration to be
exercised by the Mandatory shall, if not previously agreed upon
by Members of the League, be explicitly denned in each case
by the Council.

A permanent Commission shall be constituted to receive and
examine the annual reports of the Mandatories and to advise the
Council on all matters relating to the observance of the mandates.

ARTICLE 23. — Subject to and in accordance with the pro-
visions of international conventions existing or hereafter to
be agreed upon, the Members of the League :

(a) Will endeavour to secure and maintain fair and humane

conditions of labour for men, women and children,
both in their own countries and in all countries to
which their commercial and industrial relations
extend, and for that purpose will establish and main-
tain the necessary international organisations ;

(b) Undertake to secure just treatment of the native inhabi-

tants of territories under their control ;

the execution of agreements with regard to the traffic in
women and children, and the traffic in opium and other
dangerous drugs ;

(d) Will entrust the League with the general supervision of

the trade in arms and ammunition with the countries
in which the control of this traffic is necessary in the
common interest ;

(e) Will make provision to secure and maintain freedom of

communications and of transit and equitable treat-
ment for the commerce of all Members of the League.
In this connection, the special necessities of the regions
devastated during the war of 1914-1918 shall be borne
in mind ;

(/) Will endeavour to take steps in matters of international
concern for the prevention and control of disease.

198 APPENDIX

ARTICLE 24. — There shall be placed under the direction of
the League all international bureaux already established by
general treaties if the parties to such treaties consent. All such
international bureaux and all commissions for the regulation of
matters of international interest hereafter constituted shall be
placed under the direction of the League.

In all matters of international interest which are regulated by
general conventions but which are not placed under the control
of international bureaux or commissions, the Secretariat of the
League shall, subject to the consent of the Council and if desired
by the parties, collect and distribute all relevant information
and shall render any other assistance which may be necessary
or desirable.

The Council may include as part of the expenses of the Secre-
tariat the expenses of any bureau or commission which is placed
under the direction of the League.

ARTICLE 25. — The Members of the League agree to encourage
and promote the establishment and co-operation of duly author-
ised voluntary national Red Cross organisations having as pur-
poses the improvement of health, the prevention of disease and
the mitigation of suffering throughout the world.

ARTICLE 26. — Amendments to this Covenant will take effect
when ratified by the Members of the League whose Represen-
tatives compose the Council and by a majority of the Members
of the League whose Representatives compose the Assembly.
No such amendment shall bind any Member of the League
which signifies its dissent therefrom, but in that case it shall
cease to be a Member of the League.

ANNEX

i. Original Members of the League of Nations.
Signatories of the Treaty of Peace.

America, United States of.1 Australia.
Belgium. Canada.

Bolivia. India.

Brazil. New Zealand.

British Empire. South Africa.

1 Has not joined.

APPENDIX 199

Signatories of the Trtaty of Peace (continued).

China. Japan.

Cuba. Liberia.

Czecho-Slovakia. Nicaragua.

Ecuador.1 Panama.

France. Peru.

Greece. Poland.

Guatemala. Portugal.

Haiti. Roumania.

Hedjaz.1 Serb-Croat-Slovene State.

Honduras. Siam.

Italy. Uruguay.

States invited to accede to the Covenant.

Argentine Republic.* Persia.

Chile. Salvador.

Colombia. Spain.

Denmark. Sweden.

Netherlands. Switzerland.

Norway. Venezuela.
Paraguay.

n. First Secretary-General of the League of Nations.
The Hon. Sir James Eric DRUMMOND, K.C.M.G., C.B.

Since Admitted.

Albania, 1920. Finland, 1920.

Austria, 1920. Latvia, 1921.

Bulgaria, 1920. Lithuania, 1921.

Costa Rica, 1920. Luxemburg, 1920.

Esthonia, 1921.

(b) Note on Organisation of League during
Second Assembly

(a) COUNCIL : One representative each from France, Great
Britain, Italy, Japan (principal Allied Powers) per-
manent ; one representative each from Belgium,
Brazil, China, Spain (temporary). Dr. Wellington

1 Has not joined.

a Announced intention to withdraw, Dec. 4, 1920.

200 APPENDIX

Koo, Chairman. Chairman of Extraordinary (Silesian)

Session, Vt. Ishii (Japan).
(6) ASSEMBLY : Three representatives each from 51 states,

etc., Members of League. President Karnebeek

(Holland), Chairman.
(c) COMMISSIONS :

I. Legal and Constitutional, Scialoja x (Italy).

II. Technical, Transit,

Health, Economic .. Jonnesco (Rumania).

III. Armaments and

Blockade .. .. Branting (Sweden).

IV. Finances of League Edwards (Chile).

V. Humanitarian (typhus,

opium, etc.) . . . . Doherty (Canada).

VI. Political, Admission of

States, Albania .. Gimeno (Spain).

) In succession to Mr. Bajiour.

APPENDIX II

PROTOCOL ESTABLISHING THE
PERMANENT COURT OF
INTERNATIONAL JUSTICE

APPENDIX II

Protocol Establishing the Permanent
Court of International Justice

Protocol of Signature

THE Members of the League of Nations, through the under-
signed, duly authorised, declare their acceptance of the adjoined
Statute of the Permanent Court of International Justice, which
was approved by a unanimous vote of the Assembly of the
League on December 13, 1920, at Geneva.

Consequently, they hereby declare that they accept the
jurisdiction of the Court in accordance with the terms and subject
to the conditions of the above-mentioned Statute.

The present Protocol, which has been drawn up in accord-
ance with the decision taken by the Assembly of the League
of Nations on December 13, 1920, is subject to ratification.
Each Power shall send its ratification to the Secretary-General
of the League of Nations ; the latter shall take the necessary
steps to notify such ratification to the other signatory Powers.
The ratification shall be deposited in the archives of the Secre-
tariat of the League of Nations.

The said Protocol shall remain open for signature by the mem-
bers of the League of Nations and by the states mentioned in
the Annex to the Covenant of the League.

The Statute of the Court shall come into force as provided in
the above-mentioned decision.

Executed at Geneva, in a single copy, the French and English
texts of which shall both be authentic.

December 16, 1920.

AFFONSO COSTA. HERLUF ZAHLE.

N. POLITIS. JV. K. WELLINGTON KOO.

/ J. C. BLANCO. I M. F. TANG.

|B. FERNANDEZ Y HAYASHI.

MEDINA. H. VELASQUEZ.

HY. BRANTING. CHAROON.
( J. GUSTAVO GUERRERO. MOTTA.
{ARTURO R. AVILA.

203

204 APPENDIX

Signed subject to the approval of the Government of the
Union of South Africa :

R. D. BLANKENBERG. (MANUEL DIAZ RODRIGUEZ.
(RODRIGO OCTAVIO. \ SANTIAGO REVALA.
^GASTAV DA CUNHA. (DIOGENES ESCALANTE.

(RAUL FERNANDES. (FRANCISCO JOSE URRUTIA.

L. J. PADEREWSKI ]A. T. RESTREPO.

J. ALLEN. F. HAGERUP.
J. LOUDON. W. S. MAYER.

CARLO SCHANZER. LEON BOURGEOIS.
ARTHUR JAMES HARMODIO ARIAS.

BALFOUR. (ARISTIDE DE AGUERO

MANUEL M. DE \ RAFAEL MARTINEZ ORTIZ.

PERALTA. (EZEQUIEL GARCIA.

STATUTE for the Permanent Court of International Justice
provided for by Article 14 of the Covenant of the League of
Nations.1

CHAPTER I
Organisation of the Court

ARTICLE 1. — A Permanent Court of International Justice
is hereby established, in accordance with Article 14 of the
Covenant of the League of Nations. This Court shall be in
addition to the Court of Arbitration organised by the Conven-
tions of The Hague of 1899 and 1907, and to the special Tri-
bunals of Arbitration to which states are always at liberty to
submit their disputes for settlement.

ARTICLE 2. — The Permanent Court of International Justice
shall be composed of a body of independent judges, elected regard-
less of their nationality from amongst persons of high moral
character, who possess the qualifications required in their respec-
tive countries for appointment to the highest judicial offices, or
are jurisconsults of recognised competence in international law.

ARTICLE 3. — The Court shall consist of fifteen members, eleven
judges and four deputy-judges. The number of judges and
deputy- judges may hereafter be increased by the Assembly, upon
the proposal of the Council of the League of Nations, to a total
of fifteen judges and six deputy- judges.

i For clause on compulsory jurisdiction v. end of Art 64.

APPENDIX 205

ARTICLE 4. — The members of the Court shall be elected by
the Assembly and by the Council from a list of persons nominated
by the national groups in the Court of Arbitration, in accord-
ance with the following provisions.

In the case of members of the League of Nations not represented
in the Permanent Court of Arbitration, the lists of candidates
shall be drawn up by national groups appointed for this purpose
by their Governments under the same conditions as those pre-
scribed for members of the Permanent Court of Arbitration by
Article 44 of the Convention of The Hague of 1907 for the
pacific settlement of international disputes.

ARTICLE 5. — At least three months before the date of the
election, the Secretary-General of the League of Nations shall
address a written request to the members of the Court of Arbi-
tration belonging to the states mentioned in the Annex to the
Covenant or to the states which join the League subsequently,
and to the persons appointed under paragraph 2 of Article 4,
inviting them to undertake, within a given time, by national
groups, the nomination of persons in a position to accept the
duties of a member of the Court.

No group may nominate more than four persons, not more
than two of whom shall be of their own nationality. In no case
must the number of candidates nominated be more than double
the number of seats to be filled.

ARTICLE 6. — Before making these nominations, each national
group is recommended to consult its Highest Court of Justice,
its Legal Faculties and Schools of Law, and its National Aca-
demies and national sections of International Academies de-
voted to the study of Law.

ARTICLE 7. — The Secretary-General of the League of Nations
shall prepare a list in alphabetical order of all the persons thus
nominated. Save as provided in Article 12, paragraph 2,
these shall be the only persons eligible for appointment.

The Secretary-General shall submit this list to the Assembly
and to the Council.

ARTICLE 8. — The Assembly and the Council shall proceed
independently of one another to elect, firstly the judges, then the
deputy -judges.

206 APPENDIX

ARTICLE 9. — At every election, the electors shall bear in
mind that not only should all the persons appointed as members
of the Court possess the qualifications required, but the whole
body also should represent the main forms of civilisation and
the principal legal systems of the world.

ARTICLE 10. — Those candidates who obtain an absolute
majority of votes in the Assembly and in the Council shall be
considered as elected.

In the event of more than one national of the same member
of the League being elected by the votes of both the Assembly
and the Council, the eldest of these only shall be considered as
elected.

ARTICLE 11. — If, after the first meeting held for the purpose
of the election, one or more seats remain to be filled, a second
and, if necessary, a third meeting shall take place.

ARTICLE 12. — If, after the third meeting, one or more seats
still remain unfilled, a joint conference consisting of six members,
three appointed by the Assembly and three by the Council,
may be formed, at any time, at the request of either the Assem-
bly or the Council, for the purpose of choosing one name for each
seat still vacant, to submit to the Assembly and the Council
for their respective acceptance.

If the Conference is unanimously agreed upon any person who
fulfils the required conditions, he may be included in its list,
even though he was not included in the list of nominations
referred to in Articles 4 and 5.

If the joint conference is satisfied that it will not be success-
ful in procuring an election, those members of the Court who
have already been appointed shall, within a period to be fixed
by the Council, proceed to fill the vacant seats by selection from
amongst those candidates who have obtained votes either in
the Assembly or in the Council.

In the event of an equality of votes amongst the judges the
eldest judge shall have a casting vote.

ARTICLE 13. — The members of the Court shall be elected for
nine years.

They may be re-elected.

They shall continue to discharge their duties until their places

APPENDIX 207

have been filled. Though replaced, they shall finish any cases
which they may have begun.

ARTICLE 14. — Vacancies which may occur shall be filled by
the same method as that laid down for the first election.
A member of the Court elected to replace a member whose
period of appointment had not expired will hold the appoint-
ment for the remainder of his predecessor's term.

ARTICLE 15. — Deputy-judges shall be called upon to sit in
the order laid down in a list.

This list shall be prepared by the Court and shall have regard
firstly to priority of election and secondly to age.

ARTICLE 16. — The ordinary members of the Court may not
exercise any political or administrative function. This provi-
sion does not apply to the deputy -judges except when perform-
ing their duties on the Court.

Any doubt on this point is settled by the decision of the
Court.

ARTICLE 17. — No member of the Court can act as agent,
counsel or advocate in any case of an international nature.
This provision only applies to the deputy -judges as regards cases
in which they are called upon to excercise their functions on
the Court.

No member may participate in the decision of any case in
which he has previously taken an active part, as agent, counsel,
or advocate for one of the contesting parties, or as a member of
a national or international Court, or of a Commission of en-
quiry, or in any other capacity.

Any doubt on this point is settled by the decision of the Court.

ARTICLE 18. — A member of the Court cannot be dismissed
unless, in the unanimous opinion of the other members, he has
ceased to fulfil the required conditions.

Formal notification thereof shall be made to the Secretary-
General of the League of Nations, by the Registrar.

This notification makes the place vacant.

ARTICLE 19. — The members of the Court, when engaged on
the business of the Court, shall enjoy diplomatic privileges and

immunities.

208 APPENDIX

ARTICLE 20. — Every member of the Court shall, before taking
up his duties, make a solemn declaration in open Court that he
will exercise his powers impartially and conscientiously.

ARTICLE 21.— The Court shall elect its President and Vice-
President for three years ; they may be re-elected.

It shall appoint its Registrar.

The duties of Registrar of the Court shall not be deemed incom-
patible with those of Secretary-General of the permanent Court
of Arbitration.

ARTICLE 22.— The seat of the Court shall be established at
The Hague.

The President and Registrar shall reside at the seat of the
Court.

ARTICLE 23. — A session of the Court shall be held every year.

Unless otherwise provided by rules of Court, this session shall
begin on June 15, and shall continue for so long as may be
deemed necessary to finish the cases on the list.

The President may summon an extraordinary session of the
Court whenever necessary.

ARTICLE 24. — If, for some special reason, a member of the
Court considers that he should not take part in the decision of a
particular case, he shall so inform the President.

If the President considers that for some special reason one of
the members of the Court should not sit on a particular case,
he shall give him notice accordingly.

If in any such case the member of the Court and the President
disagree, the matter shall be settled by the decision of the Court.

ARTICLE 25. — The full Court shall sit except when it is ex-
pressly provided otherwise.

If eleven judges cannot be present, the number shall be made
up by calling on deputy- judges to sit.

If, however, eleven judges are not available, a quorum of nine
judges shall suffice to constitute the Court.

ARTICLE 26. — Labour cases, particularly cases referred to in
Part XIII (Labour) of the Treaty of Versailles and the cor-
responding portions of the other Treaties of Peace, shall be

APPENDIX 209

heard and determined by the Court under the following condi-
tions :

The Court will appoint every three years a special chamber of
five judges, selected so far as possible with due regard to the
provisions of Article 9. In addition, two judges shall be selected
for the purpose of replacing a judge who finds it impossible to
sit. If the parties so demand, cases will be heard and determined
by this chamber. In the absence of any such demand, the Court
will sit with the number of judges provided for in Article 25.
On all occasions the judges will be assisted by four technical
assessors sitting with them, but without the right to vote, and
chosen with a view to ensuring a just representation of the
competing interests.

If there is a national of one only of the parties sitting as a
judge in the chamber referred to in the preceding paragraph,
the President will invite one of the other judges to retire in favour
of a judge chosen by the other party in accordance with Article

3i-

The technical assessors shall be chosen for each particular
case in accordance with rules of procedure under Article 30
from a list of " Assessors for Labour cases " composed of two
persons nominated by each member of the League of Nations
and an equivalent number nominated by the Governing Body
of the Labour Office. The Governing Body will nominate, as
to one half, representatives of the workers, and as to one
half, representatives of employers from the list referred to in
Article 412 of the Treaty of Versailles and the corresponding
Articles of the other Treaties of Peace.

In Labour cases the International Labour office shall be at
liberty to furnish the Court with all relevant information, and
for this purpose the Director of that office shall receive copies
of all the written proceedings.

ARTICLE 27. — Cases relating to transit and communications,
particularly cases referred to in Part XII (Ports, Waterways
and Railways) of the Treaty of Versailles and the corresponding
portions of the other Treaties of Peace shall be heard and deter-
mined by the Court under the following conditions :

The Court will appoint every three years a special chamber
of five judges, selected so far as possible with due regard to the

210 APPENDIX

provisions of Article 9. In addition, two judges shall be selected
for the purpose of replacing a judge who finds it impossible to
sit. If the parties so demand, cases will be heard and deter-
mined by this chamber. In the absence of any such demand,
the Court will sit with the number of judges provided for in
Article 25. When desired by the parties or decided by the
Court, the judges will be assisted by four technical assessors
sitting with them, but without the right to vote.

If there is a national of one only of the parties sitting as a
judge in the chamber referred to in the preceding paragraph, the
President will invite one of the other judges to retire in favour of a
judge chosen by the other party in accordance with Article 31.

The technical assessors shall be chosen for each particular
case in accordance with rules of procedure under Article
30 from a list of " Assessors for Transit and Communications
cases " composed of two persons nominated by each member of
the League of Nations.

ARTICLE 28. — The special chambers provided for in Articles
26 and 27 may, with the consent of the parties to the dispute,
sit elsewhere than at The Hague.

ARTICLE 29. — With a view to the speedy despatch of business,
the Court shall form annually a chamber composed of three
judges who, at the request of the contesting parties, may hear
and determine cases by summary procedure.

ARTICLE 30. — The Court shall frame rules for regulating its
procedure. In particular, it shall lay down rules for summary
procedure.

ARTICLE 31. — Judges of the nationality of each contesting
party shall retain their right to sit in the case before the Court.

If the Court includes upon the Bench a judge of the nation-
ality of one of the parties only, the other party may select
from among the deputy-judges a judge of its nationality, if
there be one. If there should not be one, the party may choose
a judge, preferably from among those persons who have been
nominated as candidates as provided in Articles 4 and 5.

If the Court includes upon the Bench no judge of the nation-

APPENDIX 211

ality of the contesting parties, each of these may proceed to
select or choose a judge as provided in the preceding paragraph.

Should there be several parties in the same interest, they shall,
for the purpose of the preceding provisions, be reckoned as one
party only. Any doubt upon this point is settled by the deci-
sion of the Court.

Judges selected or chosen as laid down in paragraphs 2 and 3
of this Article shall fulfil the conditions required by Articles
2, 1 6, 17, 20, 24 of this Statute. They shall take part in the
decision on an equal footing with their colleagues.

ARTICLE 32. — The judges shall receive an annual indemnity
to be determined by the Assembly of the League of Nations
upon the proposal of the Council. This indemnity must not be
decreased during the period of a judge's appointment.

The President shall receive a special grant for his period of
office, to be fixed in the same way.

The Vice-President, judges and deputy -judges shall receive
a grant for the actual performance of their duties, to be fixed
in the same way.

Travelling expenses incurred in the performance of their
duties shall be refunded to judges and deputy-judges who do
not reside at the seat of the Court.

Grants due to judges selected or chosen as provided in Article
31 shall be determined in the same way.

The salary of the Registrar shall be decided by the Council
upon the proposal of the Court.

The Assembly of the League of Nations shall lay down, on
the proposal of the Council, a special regulation fixing the con-
ditions under which retiring pensions may be given to the per-
sonnel of the Court.

ARTICLE 33. — The expenses of the Court shall be borne by
the League of Nations, in such a manner as shall be decided by
the Assembly upon the proposal of the Council.

CHAPTER II
Competence of the Court

ARTICLE 34. — Only states or members of the League of
Nations can be parties in cases before the Court.

212 APPENDIX

ARTICLE 35. — The Court shall be open to the members of the
League and also to states mentioned in the Annex to the
Covenant.

The conditions under which the Court shall be open to other
states shall, subject to the special provisions contained in treaties
in force, be laid down by the Council, but in no case shall such
provisions place the parties in a position of inequality before the
Court.

When a state which is not a member of the League of Nations
is a party to a dispute, the Court will fix the amount which that
party is to contribute towards the expenses of the Court.

ARTICLE 36. — The jurisdiction of the Court comprises all
cases which the parties refer to it and all matters specially pro-
vided for in Treaties and Conventions in force.

The members of the League of Nations and the states men-
tioned in the Annex to the Covenant may, either when signing
or ratifying the protocol to which the present Statute is ad-
joined, or at a later moment, declare that they recognise as com-
pulsory, ipso facto and without special agreement, in relation
to any other member or state accepting the same obligation,
the jurisdiction of the Court in all or any of the classes of legal
disputes concerning :

(a) The interpretation of a Treaty.

(6) Any question of International Law.

constitute a breach of an international obligation.

(d) The nature or extent of the reparation to be made for

the breach of an international obligation.

The declaration referred to above may be made uncondi-
tionally or on condition of reciprocity on the part of several or
certain members or states, or for a certain time.

In the event of a dispute as to whether the Court has juris-
diction, the matter shall be settled by the decision of the Court.

ARTICLE 37. — When a treaty or convention in force provides
for the reference of a matter to a tribunal to be instituted by the
League of Nations, the Court will be such tribunal.

APPENDIX 218

ARTICLE 38.— The Court shall apply :

1. International conventions, whether general or particular,
establishing rules expressly recognised by the contesting states ;

2. International custom, as evidence of a general practice
accepted as law ;

3. The general principles of law recognised by civilised nations ;

4. Subject to the provisions of Article 59, judicial decisions
and the teachings of the most highly qualified publicists of the
various nations, as subsidiary means for the determination of
rules of law.

This provision shall not prejudice the power of the Court
to decide a case ex esguo et bono, if the parties agree thereto.

CHAPTER III
Procedure

ARTICLE 39. — The official languages of the Court shall be
French and English. If the parties agree that the case shall
be conducted in French, the judgment will be delivered in
French. If the parties agree that the case shall be conducted
in English, the judgment will be delivered in English.

In the absence of an agreement as to which language shall be
employed, each party may, in the pleadings, use the language
which it prefers ; the decision of the Court will be given in French
and English. In this case the Court will at the same time deter-
mine which of the two texts shall be considered as authorita-
tive.

The Court may, at the request of the parties, authorise a
language other than French or English to be used.

ARTICLE 40. — Cases are brought before the Court, as the case
may be, either by the notification of the special agreement, or
by a written application addressed to the Registrar. In either
case the subject of the dispute and the contesting parties must
be indicated.

The Registrar shall forthwith communicate the application
to all concerned.

He shall also notify the members of the League of Nations
through the Secretary-General.

214 APPENDIX

ARTICLE 41. — The Court shall have the power to indicate,
if it considers that circumstances so require, any provisional
measures which ought to be taken to reserve the respective
rights of either party.

Pending the final decision, notice of the measures suggested
shall forthwith be given to the parties and the Council.

ARTICLE 42. — The parties shall be represented by Agents.

They may have the assistance of Counsel or Advocates before
the Court.

ARTICLE 43. — The procedure shall consist of two parts :
written and oral.

The written proceedings shall consist of the communication
to the judges and to the parties of cases, counter-cases and, if
necessary, replies ; also all papers and documents in support.

These communications shall be made through the Registrar,
in the order and within the time fixed by the Court.

A certified copy of every document produced by one party
shall be communicated to the other party.

The oral proceedings shall consist of the hearing by the Court
of witnesses, experts, agents, counsel and advocates.

ARTICLE 44. — For the service of all notices upon persons
other than the agents, counsel and advocates, the Court shall
apply direct to the Government of the state upon whose terri-
tory the notice has to be served.

The same provision shall apply whenever steps are to be taken
to procure evidence on the spot.

ARTICLE 45. — The hearing shall be under the control of the
President or, in his absence, of the Vice-President ; if both are
absent, the senior judge shall preside.

ARTICLE 46. — The hearing in Court shall be public, unless
the Court shall decide otherwise, or unless the parties demand
that the public be not admitted.

ARTICLE 47. — Minutes shall be made at each hearing, and
signed by the Registrar and the President.
These minutes shall be the only authentic record.

APPENDIX

ARTICLE 48. — The Court shall make orders for the conduct
of the case, shall decide the form and time in which each party
must conclude its arguments, and make all arrangements con-
nected with the taking of evidence.

ARTICLE 49. — The Court may, even before the hearing begins,
call upon the agents to produce any document, or to supply
any explanations. Formal note shall be taken of any refusal.

ARTICLE 50. — The Court may, at any time, entrust any
individual, body, bureau, commission or other organisation
that it may select, with the task of carrying out an enquiry or
giving an expert opinion.

ARTICLE 51. — During the hearing any relevant questions are
to be put to the witnesses and experts under the conditions laid
down by the Court in the rules of procedure referred to in
Article 30.

ARTICLE 52. — After the Court has received the proofs and
evidence within the time specified for the purpose, it may re-
fuse to accept any further oral or written evidence that one
party may desire to present unless the other side consents.

ARTICLE 53. — Whenever one of the parties shall not appear
before the Court, or shall fail to defend his case, the other party
may call upon the Court to decide in favour of his claim.

The Court must, before doing so, satisfy itself, not only that
it has jurisdiction in accordance with Articles 36 and 37, but
also that the claim is well founded in fact and law.

ARTICLE 54. — When, subject to the control of the Court,
the agents, advocates and counsel have completed their pre-
sentation of the case, the President shall declare the hearing
closed.

The Court shall withdraw to consider the judgment.

The deliberations of the Court shall take place in private and
remain secret.

ARTICLE 55. — All questions shall be decided by a majority
of the judges present at the hearing.

In the event of an equality of votes, the President or his
deputy shall have a casting vote.

216 APPENDIX

ARTICLE 56. — The judgment shall state the reasons on which
it is based.

It shall contain the names of the judges who have taken part
in the decision.

ARTICLE 57. — If the judgment does not represent in whole
or in part the unanimous opinion of the judges, dissenting
judges are entitled to deliver a separate opinion.

ARTICLE 58. — The judgment shall be signed by the President
and by the Registrar. It shall be read in open Court, due
notice having been given to the agents.

ARTICLE 59. — The decision of the Court has no binding force
except between the parties and in respect of that particular case.

ARTICLE 60. — The judgment is final and without appeal.
In the event of dispute as to the meaning or scope of the judg-
ment, the Court shall construe it upon the request of any party.

ARTICLE 61. — An application for revision of a judgment can
be made only when it is based upon the discovery of some fact
of such a nature as to be a decisive factor, which fact was, when
the judgment was given, unknown to the Court and also to the
party claiming revision, always provided that such ignorance
was not due to negligence.

The proceedings for revision will be opened by a judgment
of the Court expressly recording the existence of the new fact,
recognising that it has such a character as to lay the case open
to revision, and declaring the application admissible on this
ground.

The Court may require previous compliance with the terms
of the judgment before it admits proceedings in revision.

The application for revision must be made at latest within
six months of the discovery of the new fact.

No application for revision may be made after the lapse of
ten years from the date of the sentence.

ARTICLE 62. — Should a state consider that it has an interest
of a legal nature which may be affected by the decision in the
case, it may submit a request to the Court to be permitted to
intervene as a third party.

It will be for the Court to decide upon this request.

APPENDIX 217

ARTICLE 63. — Whenever the construction of a convention
to which states other than those concerned in the case are parties
is in question, the Registrar shall notify all such states forth-
with.

Every state so notified has the right to intervene in the
proceedings : but if it uses this right, the construction given by
the judgment will be equally binding upon it.

ARTICLE 64. — Unless otherwise decided by the Court, each
party shall bear its own costs.

OPTIONAL CLAUSE

The undersigned, being duly authorised thereto, further
declare, on behalf of their Government, that, from this date,
they accept as compulsory ipso facto and without special Con-
vention, the jurisdiction of the Court in conformity with article
36, paragraph 2, of the Statute of the Court, under the following
conditions :

Au nom du Portugal, je declare reconnaitre comme obligatoire,
de plein droit et sans convention speciale, vis-a-vis de tout
autre Membre ou Etat acceptant la m£me obligation, la juridic-
tion de la Cour, purement et simplement.

AFFONSO COSTA.

Au nom du Gouvernement Suisse, et sous reserve de ratification
par 1' Assembled fe'de'rale, je declare reconnaitre comme obli-
gatoire, de plein droit et sans convention spe'ciale, vis-a-vis de
tout autre Membre ou Etat acceptant la mfime obligation,
c'est-a-dire sous condition de reciprocity, la juridiction de la
Cour, purement et simplement, pour la dure'e de cinq anne'es.

MOTTA.

Au nom du Gouvernement Danois, et sous reserve de ratifica-
tion, je declare reconnaitre comme obligatoire, de plein droit
et sans convention speciale, vis-a-vis de tout autre Membre ou
Etat acceptant la m€me obligation, c'est-a-dire sous condition

218 APPENDIX

de reciprocity, la j addiction de la Cour, -purement et simplement
pour la duree de cinq annees.

HERLUF ZAHLE.
Sous reserve de reciprocity*.

J. GUSTAVO GUERRERO.
ARTURO R. AVILA.
Sous reserve de reciprocity :

MANUEL M. DE PERALTA.

Au nomdu Gouvernement de 1'Uruguay, je declare reconnaltre
comme obligatoire, de plein droit et sans convention speciale,
vis-a-vis de tout autre Membre de la Societe ou Etat acceptant
la meme obligation, c'est-a-dire sous condition de reciprocity,
Id juridiction de la Cour. purement et simplement.

B. FERNANDEZ y MEDINA-

Pour copie certified conforme.
ERIC DRUMMOND,
Secretaire G6n(ral.

Decembre 16, 1920.

APPENDIX III

A NOTE ON THE NEW
ALBANIAN FRONTIERS

APPENDIX III

A Note on the New Albanian Frontiers

THE idea governing the decision on the Albanian frontiers by
the Ambassador's Council was that the frontiers of 1913 should
be accepted in principle, but that certain modifications in detail
should be made. It does not seem to be quite correct to say,
as Mr. Fisher did to the Council in November, that the key
positions have been given to the Serbs. It would be more
correct to say that natural barriers have been, wherever possible,
erected between Serbs and Albanians, which made it difficult
for either to fight the other.

The frontiers of 1913 were weak at four points ; l (a) Kastrati
area; (b) Prisrend area; (c) Dibra area; (d) Lim area. In
the Kastrati area the Albanians crossed the frontier of 1913
in July, 1920, and got within a few miles of Podgorica, the
largest town of Montenegro, which the American Red Cross
were told by the Serbs to evacuate. In 1913 the city of Dibra
was at^ined by the Albanians, who also crossed the Serb frontier
to the south. In 1920 Dibra and Prisrend were both attacked
by the Albanians. It is therefore idle to pretend that the
Albanians are not sometimes the aggressors. The fact is that,
like the tribes on the north-west frontier of India, they some-
times have to live by raids because their crops fail or their
neighbours steal. Also — and the fact is important — the Tirana
Government has never exercised any great authority among the
more northerly tribes, and has neither representatives nor troops
among several of them. This fact does not justify the Serbs
in reprisals, but it does justify them in demanding a better
frontier.

l This was probably due to a deliberately Machiavellian policy on the part of
Austria-Hungary, which wished to embroil Albanians, with Serbs and succeeded
admirably in the attempt.

221

222 APPENDIX

la) THE KASTRATI AREA

The path by which the Albanians attacked in 1920 wound just
north of the lake. By giving the Serbs the height of Veleciku
north of this, they are enabled to prevent any advance along
this path. They are not, however, enabled to take the offensive
against Scutari, because a few miles within the Albanian frontier
is an enormously deep canyon across which advance is practically
impossible.

(b) THE PRISREND AREA

The large town of Prisrend is dangerously exposed, as an open
valley runs into it from the south, and the Albanian frontier
of 1913 includes dominating heights to the west. The Albanian
boundary is now to be pushed some kilometres back to enable
the new frontier to run along the top of the heights, thereby
making fortification of them impossible for either party, and
dividing the valley between Albanians and Serbs.

The insane decision of 191 3 by which part of this road was given
to Albania and part to Serbia is corrected by giving the whole
road between the two Serb towns of Soruga and Dibra to Serbia.
The Serb line is extended to the natural heights west of the road.

(d) LIM AREA

The small Serb town of Lim is ceded to Albania to give her full
possession of the road to El Bassan.

(a) and (b) involve the substitution of natural barriers for
unnatural ones in order to protect the cities of Podgorica and
Prisrend. They confer no offensive advantage on the Serbs,
nor do they enable them to menace any Albanian city,

(c) and (d) are necessary economic adjustments. The frontiers
of 1913 were criticised on the ground that tribal boundaries,
which were known by the natives, were not usually chosen.
In (b) it is provided that the boundary shall follow the western
limit of the Gora tribe. It stands to reason that the restoration
of systems of communication as in (c) and (d) give more natural
frontiers than those which preceded them. In addition, in the

APPENDIX 228

Kastrati area a right of through communication from the northern
part of Albania is given to Albanians.

One last observation may be made. It was frequently contended
that the proper course to pursue was to rearrange the frontiers
of 1913 on a natural basis of compensation. This was impos-
sible, because, according to the legal position, approved by the
League Secretariat, Serbia was entitled legally to her frontiers
of 1913, whereas Albania was not. Hence Serbia had only to
refuse to discuss the question for all discussion to end. When
her legal position was so strong Albania could not reasonably
hope for a mutual compensation, though she has obtained Lim.
On the whole, therefore, it may be said that the new Albanian
frontiers are an improvement on the old, because they conform
more to natural features, they take into account an important
tribal boundary, and they restore freedom of communication
to both parties. In any case they cannot be worse than the fron-
tiers of 1913, for there can be no worse frontiers. The popula-
tion of the areas transferred has changed very much in recent
years, the actual population transferred is not numerous, and
the areas ceded are mountainous and barren.

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The Comtesse's early days were spent at the Castle of Argenteau — later
demolished by the Germans — but her life was hard and unenviable. A love
affair, arbitrarily checked by her parents, was followed by an enforced
marriage, and then the man she loved came again into her life, with
tragic consequences. Her travels abroad while she tried to forget and the
means she employed to obliterate memories are vividly described. The
Comtesse was a frequent visitor to England and a personal friend of the
late King Edward, and there are intimate touches of a number of well-
known people. The book will be found of absorbing interest, and a
number of the illustrations are of considerable historical value, as the
family goes back many centuries — one Comte de Mercy- Argenteau being
a guardian of Marie Antoinette.

Hutchinson's Important New Books

First Impressions of America

By DR. WALTER R. HADWEN

With illustrations, in cloth gilt, 10s. 6 d. net.

An extremely interesting and sympathetic account of American life in
town and country, wide in scope and discussing with insight racial and
social problems as viewed by an English traveller. The book includes
interviews with Americans of many types, from the President downwards,
and contains descriptions of New York, Boston, Philadelphia, Washington,
Salt Lake City, Los Angeles, and other trading towns, as well as the grander
features of landscape, giving the reader a vivid impression of America of
to-day.

Memoirs of the Memorable

By SIR JAMES DENHAM

In doth gilt, with many illustrations, 1 6s.

Sir James Denham, the poet-author of " Wake Up, England ! " deals
with most of the prominent social names of the end of the last and the
commencement of this century, including Mr. Gladstone, Lord Beacons-
field, the late Lord Byron, Robert Browning, the Bishop of London,
Cardinal Howard, Lord Dunedin, Lewis Carroll, Lord Marcus Beresford
and the late Bishop of Manchester. The book also deals with club life
and the leading sportsmen.

Sketches of the Russian Revolution

By GENERAL DENIKIN

In one large vol., cloth gilt, 16s . net.

General Denikin was not only in high command in the field against
Germany, but was also military leader of the anti-Bolsheviks, and this
account of his experiences in these capacities can scarcely fail to be in-
teresting and important from the standpoint of history. General Denikin
gives a vivid account of his arrest and imprisonment by the Bolsheviks,
describes the tragic vacillations of the Czar on the fatal days before the
revolution, and the appalling difficulties of Russian officers during the
democrat] sation. The book is an important one and of great historical value.

Progressive Golf By HARRY VARDON

With 36 illustrations on art paper. In doth, 5s. net.

An important work on the game by one of the world's leading pro-
fessionals, with very valuable progressive charts on the Driver, the
Cleek, the Mid-Iron, the Mashie, the Niblick and the Putter.

Hutchinson's Important New Books
The Work of P. A. de Laszlo

Edited with Notes by OAKLEY WILLIAMS

In one large folio volume containing 61 photogravure plates, representing
some of the choicest examples of the Artist's work.

With an Introduction by COMTE ROBERT DE MONTESQUIOU.

This collection, covering as it does the whole range of this distinguished
artist's work, must be regarded as a contribution of the highest permanent
value to the history of portraiture and art. A selection of the more
important of the Hungarian master's pictures, portraits of monarchs, states-
men, diplomats, great ladies and famous beauties is here presented, and
may be said to summarise the most important phases of the social and
political history of Europe during the past twenty-five years. It has been
the aim of the publishers to produce a record of Mr. de Laszlo's works of
permanent value and interest to the collector, the connoisseur, and the
lover of art.

The Big Four and Others at the Peace Conference

By ROBERT LANSING

In cloth gilt, with 9 illustrations on art paper, 8s. 6d. net.

In this book the former American Secretary for State, who was one
of the representatives at the Peace Conference, studies the predominant
personalities of the Conference.

There are many books about the Peace Conference but none, so far, by
a writer that combines such exceptional opportunity of close observation
with so clear an insight into human motives, and so admirable, direct,
and convincing expression. The book contains a most interesting account
of the procedure of the Conference ; there are four full portraits of Cle-
menceau, Wilson, Lloyd George and Orlando, and four impressions of
Venizelos, Emir Feisul, General Botha and Paderewski.

Mr. Lansing is a keen observer of human nature, and his sketches are
at once most fascinating reading and an important contribution to history.

My Cat Prospero

By ELIZABETH BRUCE ADAMS

An artistic volume, in cloth, with 8 drawings by the Author, 5s. net.

An attractive, charming and touching account of a cat, his ways, hia
development, surrounded by human love and desire for his growth of
mind and soul. The cult of the cat is very fashionable, apart from the
regular everyday cat-lover we have always with us,

Hutchinson's Important New Books

More Memoirs and Some Travels

By G. B. BURGIN

Author of " Memoirs of a Clubman " (2nd edition).
In one vol., cloth gitt, 1 6s. net.

Emboldened by the success of " Memoirs of a Clubman," Mr. G. B.
Burgin has written " More Memoirs and Some Travels," in which he
gives a more detailed account of his wanderings and literary experi-
ences. There is an interesting chapter on the " Coming of Kipling," and
another in which forty or fifty eminent writers describe how they first
began to write. The inner life of some Bohemian clubs is also described,
together with many anecdotes and little character sketches of interesting
people he has met. Mr. Burgin describes his travels in Canada, Turkey,
and Asia Minor, and more recent trips to Holland and Belgium. It was
his good fortune to be received by the King of the Belgians one morning,
lunch with Burgomaster Max afterwards, and call on Cardinal Mercier the
same afternoon. It was, as he describes it, the most crowded day of his
life, and one replete with interesting experiences. The book is written
in Mr. Burgin's customary cheerful vein, with, here and there, occasional
lapses into those pathetic happenings which come to us all.

With an Introduction by The Right Hon. DAVID LLOYD
GEORGE, M.P.

The Irish Free State : Its Evolution and Possi-
bilities By ALBERT C. WHITE

Author of " Ireland : A Study in Facts " ; Editor of " A Little Book of
Irish Verse," etc.

In cloth, 3s. 6d.net.

The author has been prominently associated with the Home Rule
cause in Great Britain, and has written extensively on Irish subjects.

Mr. White traces the history of the relations between Great Britain
and Ireland from the Act of Union down to the Great War. He then
proceeds to set out in detail the developments of British politics and of
Irish nationalism in their bearings upon each other.

The book is written throughout from the standpoint of a vigorous
and independent mind. It will annoy extreme partisans of all shades
of opinion, and will provoke much discussion. This is especially true of
the concluding chapter, in which the author discusses " Some Factors in
the Future."

The value of the book is enhanced by the inclusion of the essential
documents of the Home Rule struggle, including the four Home Rule
Bills of 1886, 1893, 1914 and 1920, and the terms of the Treaty recently
concluded with Sinn Fein.

Hutchinson's Important New Books
With Lawrence in Arabia By LOWELL THOMAS

With 16 illustrations on art paper, 3 1. 6d. net

" The greatest romance of real life ever told." — The, Strand Magazine,
The profusely illustrated narrative of the greatest adventure of a
century is now presented to the public in this popular form. The famous
exploits of Colonel Lawrence, " the uncrowned King of Arabia " — whom
Mr. Lloyd George described as " one of the most remarkable and romantic
figures of modern times " — will be read with eager interest by all who
appreciate the importance of his services to the Empire. This valuable
account of our men's gallant deeds in the East is not only a splendid
souvenir of the momentous years of war, but also a permanent record of
British enterprise and courage which will be treasured throughout the
Empire.

The Second Year of The League ; A STUDY OF THE
SECOND ASSEMBLY OF THE LEAGUE OF NATIONS

By HAROLD W. V. TEKPERLEY

Reader in Modern History in the University of

Cambridge

Author of "Life of George Canning," "History of the Peace Oon-
ference of Paris," etc. In doth, 6s. net.

The important developments in the growth of the League are indicated,
and the new position as regards Mandates and Minorities and the Per-
manent Court of Justice explained. Particular attention is given to the
two greatest achievements of the League — the settlement of the Albanian
question and the Upper Silesian Award. There are many remarkable
quotations from the speeches of the leading personalities both in Committee
and the Assembly, which throw an interesting light on their national
policies, and which have not been reproduced in this country. Special
attention is given to the part played by the British Dominions and the
present attitude of the United States towards the League.

The Year's Art, 1922 Compile d by A. C. R. CARTER

Crown 8vo, cloth, 8s. Cd. net.
Over 603 pages, with illustrations

A concise epitome of all matters relating to the Arts of Painting,
Sculpture, Engraving, and Architecture, and to Schools of Design, con-
taining events which have occurred during the year 1921, together with
information respecting the events of 1922.

Hutchinson's Important New Books

Illumination and its Development in the Present Day

By SIDNEY FARNSWORTH

In one large handsome] volume, cloth gitt, with Frontispiece in colour and

numerous other illustrations, 24s. net.

In this exhaustive work Mr. Farnsworth traces the growth of Illumina-
tion from its birth, showing, by means of numerous diagrams and drawings»
its gradual development through the centuries from mere writing to the
elaborate poster work and commercial lettering of the present day. Al-
though other books have already been written on this fascinating subject,
Mr. Farnsworth breaks new ground in many directions ; he treats the
matter from the modern standpoint in a manner which makes his work
invaluable not only to students of the art, but also to the rapidly-growing
public interested in what has hitherto been a somewhat exclusive craft.
The book is profusely illustrated and forms a handsome addition to the
library of anyone whose tastes lie in this direction.

The Return and other Poems By E. NESBIT

Author of " Lays and Legends," " Songs of Love and Empire," etc.
In crown Svo, cloth, 4s. 6d. net.

Riviera Towns By HUBERT ADAMS GIBBONS

In large Svo, with 32 full-page illustrations by Lester George Hornby.

Boxed, 1 6s. net.

The winter playground of Europe, that short strip of coast lying along
the blue Mediterranean, which the French call Cote d' Azure, is the theme
of this new volume by Dr. Gibbons. In the fifteen chapters of this book
he takes the readers to the towns and hamlets, mediaeval and modern, of
the Riviera, and concerns himself not so much with its transient holiday-
making aspect as with the charm of the countryside, its curious old towns
with their ancient buildings and crooked streets, and the adventures of
himself and his artist collaborator. The book is written in a holiday
mood, with a charm and grace that make for delighted reading and do not
detract from its value as an interpretative portrait of this picturesque
corner of Europe. Mr. Hornby's drawings are more than mere illustrations,
and happily reflect the mood of the text. " Riviera Towns " is hand-
somely bound and printed, and will, it is expected, be one of the most
attractive gift books of the year.

The Little Cat Who Journeyed to St. Ives

By FRANK VER BECK

Crown quarto, with 16 illustrations and coloured picture cover, Is. 6d. net.
An admirable gift book for young people.

Hutchinson's Important New Books

3rd LARGE EDITION AT ONCE CALLED FOR

Thirteen Years at the Russian Court

By PIERRE GILLIARD

In one, large handsome volume, cloth gilt.
With 59 illustrations on art paper, 24s. net.
Being the reminiscences of the Tutor to the late Czarevitch, including
an authoritative account of the Tragedy of the Imperial Family.

The book gives an interesting and intimate picture of the private life
of the Imperial Family, and describes events of which the author is in
many cases the only surviving witness. The story combines a tragic
human interest with direct evidence on matters of rare historical interest.
The Daily Mail says : — " ' Thirteen Years at the Kussian Court ' (published to-day
Hutchinson, 24s. net, with photographs by the author) is a book of extraordinary
human interest and of the first historical importance. It is the only authentic and
intimate account of the Russian Sovereigns, from one who shared their family life
in greatness and in captivity, and is the solitary survivor of the party imprisoned
th

with them at Tobolsk."

The Emperor Francis Joseph and His Times

By GENERAL ALBERT VON MARGUTTI, C. V.O.

In one large handsome volume, with Illustrations, 24s. net.
The Author spent seventeen years in the Aides-de-Camp's department
at the palace, and all that time was in direct contact with the Emperor
Francis Joseph, the men and women about him, and distinguished
European figures such as King Edward VII., the late Czar Nicholas IE.,
the Emperor William II., and the Empress Eugenie, who frequently visited
the aged monarch. To those interested in world politics before and
during the war this book will be an indispensable guide. The author's
relations of King Edward VII.'s activities at the Austrian Court would
alone stamp it as a valuable record. It also throws new and highly
interesting light on the problem of the Archduke Rudolph's death, and
for the first time does justice to the outstanding qualities and charm of the
murdered Empress Elizabeth. The author's study of the ex -Emperor
Charles is remarkably lucid and penetrating, and the soundness of his
judgments amply proved by recent events.

2nd LARGE EDITION

Memories and Some Base Details

By LADY ANGELA FORBES

In one volume, cloth giU, with many illustrations, 24s. net.
A frank, personal memoir containing reminiscences of many figures
well known in society and in public life with whom the authoress has come
into contact. The book deals with social life in the latter part of the
nineteenth century as well as with that of the present day, and includes
the experiences of the authoress whilst supervising a canteen in France
during the war.

Hutchinson's Important Books

With the Russian Army, 1914-1917

By SIR ALFRED KNOX

In two large volumes, with 32 illustrations on Art Paper and 15 large Maps-

26s.net.

General Knox's despatches were the only real source of information
in London of the military situation in Russia. This book not only pro-
vides much valuable first-hand material for the historian, but is also of
considerable Interest to the general reader.

2nd EDITION

Mexico on the Verge By DR. E. J. DILLON

Author of " The Imperial Peace Conference," etc.

In one large volume, 21s. net.

" Indispensable to all who wish to understand the main factors of the
Mexican situation." — British Weekly.

2nd LARGE EDITION

Memoirs of a Clubman By G. B. BURGIN

With Photogravure Portrait of the Author, 16s. net.
Mr. G. B. Burgin, besides having more than sixty successful novels to
his credit, has a reputation as a raconteur and clubman which few men can
rival. His book is a delightful pot-pourri of good stories, literary and
otherwise. Many famous personalities are here revealed in an illuminating
and sometimes unorthodox way, and the fascination of journalism and
authorship is described, perhaps unconsciously, by one of the most com-
panionable and witty writers of our time.

A Book about the Bee By HERBERT MACE

In crown 8vo, cloth, with 24 illustrations on art paper, 4s. net.
4th EDITION

The Horse as Comrade and Friend

By EVERARD R. CALTHROP

With an Introductory Letter by LORD LONSDALE.

In one large handsome volume, with 68 illustrations from photot on

art paper, 16s. net.

Louis Wain's Summer Annual for 1922

With a large number of illustrations by Louis Wain. In attractive picture

cover, 2s. net.

This famous and ever-popular Annual maintains its high standard of
artistic fun in Mr. Louis Wain's inimitable style. It will appeal to all,
young, old and middle-aged.

Hutchinson's New Novels. 7/6 Net

The Love-Story of Aliette Brunton

By GILBERT FRANKAU

Author of " Peter Jackson, Cigar " Merchant " (40th Thousand), " The
Seeds of Enchantment," etc.

One of the most versatile writers of to-day, Mr. Gilbert Frankau follows
his successes " Peter Jackson " and " The Seeds of Enchantment " with
a powerful story in an entirely new vein.

In " The Love-Story of Aliette Brunton " he presents a penetrating and
sympathetic study of a woman who dared all for love's sake. It is more
than an interest-compelling story 5 it is a courageous and illuminating
book, which should influence men and women who give serious thought to
the modern problems of marriage and divorce.

The Great Husband Hunt

By MABEL BARNES-GRUNDY

Author of " A Girl for Sale," " Her Mad Month," etc., etc.
In " The Great Husband Hunt," Mrs. Barnes-Grundy introduces us to
a delightful elderly and impecunious bachelor uncle who has shared his
home in Devonshire with four nice and interesting orphan nieces, but who
have been denied the gift of beauty. Unexpectedly inheriting a fortune,
he offers a thousand pounds down to the first of the four who is engaged to
be married within a prescribed time and a handsome dowry when the
marriage is solemnised. How the four accept the challenge and set forth
in quest of husbands makes a most amusing tale.

The Toll of the Black Lake

By DOROTHEA CONYERS

Author of " The Strayings of Sandy," etc.

Kathleen Donovan, a pretty, sensitive Irish girl, is an attractive
figure in Mrs. Conyers' new novel. It is a story of Ireland, and the true
Irish atmosphere is, as usual, admirably conveyed. Her novels about
Irish people and Irish scenes stand alone in modern fiction. Thoroughly
enjoyable from first chapter to last, they appeal to all who are fond of
horses, hunting, excitement, and, above all, a good story.

The Pharisees By M. MORGAN GIBBON

Author of " Jan," " Helen Marsden."

Miss M. Morgan Gibbon is a young writer whose progress is being
followed with more than^ordinary interest. Her second novel, " Helen
Marsden," was described by a leading literary critic as " a triumph of
characterisation," and the same qualities which went to make a big success
of her first two books will be found in full abundance in her third.

" The Pharisees " is a well-told dramatic story in which the characters
Btand out with something of the crisp clearness of George Eliot.

Hutchinson's New Novels. 7/6 Net
An Order to View By CHARLES MARRIOTT

Author of " A Grave Impertinence."

This is the story of the unexpected and far-reaching effects of an
" order to view " a house for sale. James Wedmore produces the winning
design for a Technical Institute which Sir John Pumphrey bestows upon
his native city of Barstow, and becomes engaged to Hilda Pumphrey.
In search of the home, Wedmore gets an order to view Moorend, a
fifteenth-century manor house. There he also views Beatrice Woodruff,
who, with her brother Martin, will have to turn out when the house is
sold. The order to view revives a dead reputation, rakes up an old
scandal, brings Sir John Pumphrey into competition with a civic rival,
and exposes a mistake in his own past. The tangle is cut by Hilda,
who acts dramatically ; and Wedmore is left with a keen and happy
appreciation of the moral of the symphony, " Trust your angels."

A Daughter of the Sand

By MRS. FRANCES EVERARD

A REMARKABLE FIKST NOVEL

Saada Medene, a girl of reputed mixed blood, is persuaded by her
lover, Lance Railsford, to accompany him to El Bouira, where an ex-
consulship awaits him. Lance finds himself cold-shouldered by European
residents when they hear that he is to marry Saada, but the wedding takes
place. The same day a wire arrives from Lance's mother to the effect
that a wealthy uncle is dying and will leave him money if he returns to
England immediately and breaks off his engagement with Saada. He
makes his departure with many false excuses, unaware that Saada knows
the real reason for his going, and though she has now learnt that she is
wholly of English nationality, she keeps this joyful truth to herself. Later,
Lance tires of his wealth and determines to return to Saada, but Fate
intervenes, and Saada becomes free to marry Forrester, an Englishman
she has rescued from the dope habit, who returns her love with all his
heart.

This novel of unusual power rings true to life from start to finish, and
with its picturesque setting of Northern Africa it is sure to be widely read
and appreciated.

A Breaker of Ships By FREDERICK SLEATH

Author of " Sniper Jackson," etc.

Those who love an exciting story full of thrilling adventures and
strange happenings will not be disappointed in this new volume by Mr.
Sleath. Yet, weird and uncanny as some of the adventures are, they are
not overdrawn, and the characters are realistic and convincing. Big
Jim, joint owner with his brother of the Cam Shipbreaking and Salvage
Company, emerges victorious from a struggle with Finkler, a mean com-
petitor, and the succession of thrilling episodes concludes with one which
forms a fitting climax

Hutchinson's New Novels. 7/6 Net
Captain Blood By RAFAEL SABATINI

Author of " Scaramouche," " The Trampling of the Lilies," etc.

From the logs and diaries of Jeremiah Pitt — which Mr. Sabatini claims
to have discovered — the romantic story of Captain Peter Blood has been
mainly reconstructed.

Sir Henry Morgan, most celebrated of all the buccaneer leaders, had
an able chronicler in the person of the Dutchman Esquemeling, who sailed
with him. What Esquemeling did for Morgan, Jeremiah Pitt has done
for Captain Blood.

The career of Blood, a cultured man driven by the malignity of Fate to
indulge an inborn appetite for adventure, is an Odyssey set aglow by the
great love which kept him honourable amid dishonour.

Love and the Locusts By G. B. BURGIN

Author of " The Shutters of Silence," etc.

In " Love and the Locusts " Mr. Burgin returns to his favourite haunts
at " Four Corners," that little riverine village of the Ottawa Valley.
Cyrus Field and Cissy Fulks were lovers when young. Cyrus " put out,"
made money, and forgot Cissy. " Old Man " Fulks also made money and
died. Years after Cyrus and Cissy meet again, and she proposes that he
should return to Four Corners with a hundred dollars, forgo his riches,
and try to become the Cyrus Field of old.

Their endeavours to recapture the years which the locusts have eaten
are described with Mr. Burgin's customary charm and literary skill.

Night Drums By ACHMED ABDULLAH

Author of " The' Trail of the Beast."

This romance is of Africa, that vast, mysterious country which this
author knows so well how to portray. All the fascination and colour of
Africa are here, and her soul — that eternal mystery to the white man —
is dimly discernible through the threads of the story and the well-drawn
character of the Master of the Hour, the dominating influence in the
story. This black Napoleon has erected a marvellous ivory temple in the
heart of Africa, and is gathering the tribes together to make a great nation
that will drive out the white man. The Master of the Hour is fierce and
bloodthirsty, and the sombre echo of his drums can be heard, dim and
mysterious, throughout Africa. Davies, in charge of a French garrison,
discovers the black man's machinations with the help of an Arab, and is
the means of wrecking his plans. Davies's relations with Jacqueline supply
an interesting love element to a most enthralling story.

Sabine and Sabina By W. E. NORRIS

Author of " Triumphs of Sara," etc.

This novel shows Mr. Norris at his best. It is the story of the god-
daughter of the narrator and her matrimonial experiences, which bring
about various alarming situations, but they end happily enough. The
scene is laid partly in London and partly in the south of Spain.

Hutchinson's New Novels. 7/6 Net
The Brightencr By C. N. AND A. M. WILLIAMSON

Authors of " The Lightning Conductor," etc.

Elizabeth, the Princess de Miramare, beautiful, high-born, and of
a bewitching personality, a member of the most brilliant society, out-
wardly prosperous, lived the secretly hard life of those who have to make
very short ends meet.

Two courses were open to her — one to resort to a distant and odious
cousin | the other to use her charm and position to help others (for a
consideration) in their social and heart struggles. She decides upon
the latter. Her cases are all exciting, some dangerous, and the most
unexpected and disconcerting element in each is the intervention of the
distant cousin.

Elizabeth's own romance is the fitting climax of the story.

The Judge By REBECCA WEST

Author of " The Return of the Soldier."

Miss West is one of our clever modern novelists who aim at reality in
art. With her vivid, dramatic style and her passion for truth she writes
of life from an unusual angle, and her work has a curiously distinctive
quality of its own which makes an instant appeal to all who appreciate
sincerity in human relationships. Her latest novel is a brilliant piece of
work — emotional, yet taking an original line which breaks down many of
the old traditions, and ringing with the voice of the new generation.

Sunny-San By ONOTO WATANNA

Author of " A Japanese Nightingale " (200th Thousand).
This attractive and original story is full of the deepest human interest.
It seems an altogether new experience when we first meet Sunny, but yet
we find that this fascinating, flower-like little creature has everything in
common with what we have most admired in human nature. The daughter
of an American and a Japanese dancer of good caste, Sunny is rescued
from her unhappy life by four young men who are touring Japan with
their professor. They place her under the care of a kind missionary
and his wife, and pay for her education. Never forgetful of her bene-
factors, Sunny eventually finds her father. He and his childless wife are
enchanted with Sunny, and show her every indulgence. During Leap
Year Sunny proposes to Jerry Hammond, one of the four young men, and
her happiness is complete.

Men, Women, and Beasts

By H. DE VERE STACPOOLE

Author of " The Blue Lagoon."

This is a collection of stories of Equatorial Africa, nearly all of the
same colour and drawn from the wild places of the world — stories of men,
women, and beasts either met with or imagined from life. Each story is
a living thing, because it has its origin in life and Imagination for a mother.

Hutchlnson's New Novels. 7/6 Net
The Lavender Lad By DOLF WYLLARDE

Author of " Mafoota," etc.

This is an emotional drama presented by a practised hand, set in
charming scenery, and enacted by characters who are most attractive and
convincing.

The Lavender Lad is Miss Carlotta Edison, a clever actress of the
variety stage, who goes to a lavender farm disguised as a ragged urchin .
Here she falls in love with the farmer, a fine, manly yeoman, and there is
a dramatic scene when he discovers her Identity. They part, only to
meet again two years later, when the somewhat Puritanical farmer has
learned forgiveness and is sufficiently in love to forget Carlotta's not
quite spotless past. This is one of the most attractive of Dolf Wyllarde's
many delightful novels.

The Light on the Lagoon

By ISABEL C. CLARKE

Autnor of " Lady Trent's Daughter," etc.

This appealing story is told with Miss Clarke's usual power and sin-
cerity. Escaping from the narrow conventionality of her mother's love,
Sydney Flood, a girl with deep emotions and artistic temperament, goes
to Venice with her friend Roma Cochraine and her husband. Here she
falls in love with Clive Moreton, who proposes to her, but who is drawn
back to the beautiful and capricious Roma shortly afterwards. Sydney,
miserable and forsaken, returns to Venice, to find that Roma's husband is
dead and that she has married Clive. Sydney finds relief in her despair
in the Catholic Faith, and becomes the happy wife of a barrister who has
long been in love with her. The strong human interest and the beauty
of the setting of this story will make it appeal to a large class of readers.

That Fellow MacArthur

By SELWYN JEPSON

Author of " The Qualified Adventurer."

A new novel by Selwyn Jepson, the successful author of "The
Qualified Adventurer." It tells in a thrilling story of the romance and
adventures that come into the life of a Scotsman, one Ian MacArthur, who
appeared in " The Qualified Adventurer " as a friend of the hero, Duffy.
MacArthur, of placid temperament, is caught up into a whirl of circum-
stances that turn him into a thorough-going adventurer in spite of his
desire to lead an orderly life. A natural woman-hater, he lalls at last
into the toils of the little god with the sharp arrows, who singles him
out to love Joan, the beautiful heroine. Their adventures together on the
unknown waters of the Amazons bring tho story to an ingenious and
surprising climax.

Hutchinson's New Novels. 7/6 Net
The Lark By E. NESBIT

Author of " A Holiday Honeymoon," etc.

This author needs no introduction to her readers. " The Lark " has
all the charm and freshness which have made Miss Nesbit's former novels
so justly popular, and yet the story is entirely new and original. Two
girls, Jane and Lucille, are led by Jane's guardian to entertain high hopes.
The fortune, however, which Jane was to have inherited, has been lost by
unlucky speculations, and the two girls have to set about earning their
own livings. They experience many adventures and ups and downs of
fortune before they meet with the two men who ensure their happiness
and prosperity. A delightful story, well worth reading.

Peter's People By CURTIS YORKE

Author of " The Unknown Road."

Curtis Yorke's new novel tells how a young man (Peter Wistray) brings
his wife to live in the same house as his mother and sisters, who are de-
pendent on him. The arrangement leads to various complications, as
Peter's family resent his being married at all, and his wife. Pamela, resents
their attitude towards her. Things go from bad to worse, and tragic
happenings are narrowly averted. But gradually Lady Wistray and her
daughters are won over by Pamela's charm, and all ends well. Though
the plot is comparatively simple, the interest is absorbing, and the charac-
terisation and dialogue are of a high order.

Chrysalis By MRS. ALFRED SIDGWICK

Author of " The Purple Jar."

This is the story of a man who, after a flirtation with an older woman,
marries a very young girl, and at first treats her in a high-handed way.
She submits partly because she is young and inexperienced and partly
because she is very much in love. Gradually, as she develops, a change
comes over her relations with her husband, and he discovers in his wife
a force of character and brain that earns his respect. The setting is one
of English country life

Green Leaf By LADY MILES

Author of " The Red Flame," etc.

A study of two characters. Cukoo — beautiful and self-sufficing, who
lives by the light of cold philosophy and will not allow herself to be in any
way entangled by human affairs of either love or hatred — and Brunetta,
her cousin, plain, warm-hearted, and most intensely a woman, with all a
woman's hopes and fears and passions.

The plot is developed with the same great skill as was shown by Lady
Miles in her very successful novel, " The Red Flame," now in its third
edition.

Hutchinson's New Novels. 7/6 Net
Da SUva's Widow LUCAS MALET

Author of " Sir Richard Calmady," etc.

Of these nine stories by this distinguished author five are concerned
with the modern English world before the war. The remaining four,
though in no sense war-stories, arise through conditions imposed by the
war. The stories, as a whole, cover a wide range of incidents, scene, and
emotion, and even venture in two cases to make excursions into the region
of the supernatural.

Short Shipments ELINOR MORDAUNT

Author of " The Little Soul," etc.

These stories range from the delicately mystical, as in that strange
story, " The Fountain " — where the heroine, half water-sprite, half woman,
a sort of Celtic Undine, is set among the wild scenery of North Wales ;
the intimate psychology of a woman of forty, as portrayed in " A Study
in Pastel " ; to the most widely differing and yet no less intimate studies
of the sea and the ways of sailor-men as are given us in " Fighting Cocks "
and " The Skipper's Yarn," and from these on such strange tales of life in
the East End and on the riverside of London as we find in " The Man
Who Kept Birds " and " The Yellow Cat." In no volume of stories ever
published, indeed, has the range been wider or more amazingly varied,
and " Short Shipments " goes to form a worthy successor to the author's
last collection, " New Wine in Old Bottles."

The Wednesday Wife

By JULIETTE GORDON SMITH

Attar Abu Hamed had only three wives — a modest number for a
gentleman of Tunis. It was Aletra, the " Wednesday " wife, whom
Attar really loved. When a plague raged in the city, one of the other
wives discovered a wonderful potion, and was called to the Sultan's palace
to save the princess. Aletra went instead, and her adventure there —
the pursuit by the Sultan, the flight to the desert — make a romance that
the Westerner finds it hard to credit as real. This writer knows the East,
and her picture is convincing. Her story takes a surprising turn, and
we find our convictions as to this Eastern charm suddenly veering back
to a Western standard.

By Whose Hand By BEATRICE BASKERVILLE

and ELIOTT MONK

A story showing the final stages of a vendetta which was begun in
the sixteenth century, developing the psychological results of the continual
pursuit of vengeance.

It follows .in a series of stirring incidents in various parts of Europe,
the fortunes of the descendants of the original protagonists, and shows
how the feud was at last brought to an end by the efforts of a famous
Italian detective.

Hutchinson's New Novels. 7/6 Net

The Kingmakers

By BURTON E. STEVENSON

Author of " Little Comrade " (54<A Thousand).

A thrilling, modern romance of a throne and the intrigue that sur-
rounded it. A famous journalist, whose extraordinary adventures play a
leading part in the story, is dragged into the whirlpool of intrigue, passion,
and devotion, with results as exciting to the reader as everyone concerned
in this fight for a throne,

The Honest Man By UNA L. SILBERRAD

Author of " Green Pastures," etc.

The scene of Miss Silberrad's new novel is laid partly in London and
partly in Kendal and the moor country that lies on the border of West-
morland and Yorkshire. It is the story of how a sober, middle-aged
citizen of the seventeenth century came into a fortune and found romance {
and of the unexpected things that happened as a result of this change in
his circumstances. There is a very charming love interest in the story,
as one would expect from the author of " Green Pastures " and " Sampson
Hideout— Quaker."

Truth in a Circle By MADAME ALBANESI

Author of " Poppies in the Corn," etc.

This excellent collection of Madame Albanesi's short stories will be
of great interest to all admirers of her work, as it contains much that is
representative of the distinctive quality of her writing. All these stories
are modern, and deal with every-day life, some grave and some gay, but
every one of interest to lovers of good fiction.

Kitty and Others

By AGNES^AND EGERTON CASTLE

These authors need no introduction to their readers, since their origin-
ality and charm have placed them in the very forefront of present-day
English writers.

This novel can be classed among the very best of their works, and
cannot fail to please all who appreciate a bright and original tale. Dealing
with the manners and light-hearted intrigues of upper-class French society
at the end of the eighteenth century, the authors strike a note of deeper
emotion even while they expose more superficial follies and vanities with
reality and charm.

The varied and fascinating characters are described by means of their
intrigues and adventures with wit and vivacity.

Hutchinson's New Novels. 7/6 Net
The Woman Who Knew By MAX PEMBERTON

Here we have the fiction of many countries. Mr. Max Pemberton has
laid his scenes chiefly in Europe, but he has visited Spain, Morocco, the
Riviera and the Balearic Isles in quest of material. All is post-war, and
the war has no place in this virile volume. Sex stories abound, but there
are also scenes of adventure in Mr. Pemberton's best rnood. Particularly
interesting are those chapters which deal with the Mediterranean and the
isles adjacent ; while lovers of Le Toquet will find much to interest them.
The whole volume is representative of the author's bias toward the love
story and the story of adventure ; while the dramatic note is, as usual,
heard in all the more stirring episodes. It may be added that humour is
not absent and that in " William de Luxe " we have one of the drollest
stories of recent years.

The Road to Anywhere By RITA

Author of " Peg the Rake," etc.

In this powerful new story the autLor tells us of the adventures of
three girls leaving their English school, Annette who is French, Anna a
German, and Stella aii English girl.

Where will the Road to Life, the Road to Anywhere lead them ?

This thoroughly absorbing love story is sure to be in great demand.

Sembal ~By GILBERT CANNAN

Author of " Pugs and Peacocks," etc.

The central figure of " Sembal " is developed with force and subtlety,
and several aspects of the Semitic character under the stress of war are
delineated with an incisive realism of great interest to the general reader
as well as to the special student.

A NEW NOVEL BY ETHEL M. DELL

Charles Rex By ETHEL M. DELL

Author of "The Bars of Iron" (3Q2nd Thousand), "The Hundredth
Chance " (24Qth Thousand). Ready in August.

Alf, Old Chum "Ity" JERRARD SYRETT

Author of " A Household Saint."

In doth, 3s. 6d. net.

"Alf" is a plumber. He has been to the war and come through.
He is an ex-sergeant-major of the Buffs — over six foot, a good citizen and
a good workman. He has his pals and they meet and talk and have a
glass or two at The Bull and Grapes. The pals are quite well presented,
but Alf is the prominent figure. Alf is a jolly good fellow, and his head is
screwed on the right way — a real London working-man, loyal to his
country, and no Bolshi or Communist.

This is a clever study, an appealing presentation of the sort of working-
man we can respect and like.

Hutchinson's New Novels. 7/6 Net
John Edgar's Angels By WINIFRED GRAHAM

Author of " Breakers on the Sand," " The Daughter Terrible,"

" Falh'ng Waters," etc.

Winifred Graham's new novel deals with the love of a man for two
women, one a Society beauty, the other the piquante daughter of a pros-
perous grocer. The character of the hero, John Edgar, is a curious
mixture of Puritanical idealism and fiery passion. His unhappy childhood
is a striking contrast to his subsequent career, when, in new and bewilder,
ing society, he meets the beautiful daughter of Lord Porthminster. Through
the ramifications of a plot that seems more like real life than fiction, one
wonders whether John Edgar's story is not a human document lightly
disguised.

Vanderdecken By H. de VERE STACPOOLE

Author of " The Pearl Fishers," etc.

Here is a novel of to-day absolutely alive. Every character in-
dividual. You are seized by Hank Fischer at once, and with him and Bud
du Cane and Tommie Coulthurst you go through the strangest adventures
on the Pacific Coast to an end logical and worked towards mainly through
the character of the chief protagonist, Bob Cardon. The sea fills the book,
and its song from the Golden Gate to San Nicolas and the Bay of Wales.

Makeshifts

By MARGARET BAILLIE-SAUNDERS

Author of " The Mayoress's Wooing," etc.

How a woman in love lets a strange man suffer to save her own happi-
ness, and then offers herself sacrificially to redeem him, gives this novel
its title.

By a sudden tide of very curious circumstances a Welsh draper's
daughter in the Midlands, Myfanwy Rhos, has the whole public reputation
of a famous priest placed in her hands. He is publicly accused, and by a
word she can save him.

It is timely and topical, and will be widely read, the more so because its
subject is dealt with sympathetically and without rancour from one who
writes of Church matters from the inside. This is what is called a strong
novel of human passion and spiritual struggle, but it is presented with
vivacity and colour, and never for a moment loses its " go " and interest.

A New Novel by the "Thomas Hardy of Sussex."

The Seventh Wave By TICKNER EDWARDES

Author of " The Honey -Star," " Tansy," etc.

" Long Len," the hero of this powerful, arresting story, belongs to a
class which we believe to be absolutely new in fiction — that strange,
wandering, homeless crew of mortals known as " Pikers," men who haunt
the wild Sussex highlands, scraping up a bare subsistence by selling black-
berries, mushrooms, and the like to the people in the neighbouring villages
and towns. In " The Seventh Wave," Mr. Tickner Edwardes well main-
tains his reputation as a forceful, original writer

Hutchinson's New Novels. 7/6 Net
Antagonisms By ELIZABETH ROBINS

Author of " The Magnetic North," etc.

In her new book Miss Robins gives us a most arresting story and an
extremely clever psychological study.

Henry Ellerton, whose experience of women, his late wife included,
has been most unfortunate, returns, a confirmed woman-hater, to his
remote English estate after the war, to find that a widow, with her son
has secured the lease of the house nearest to his. The first encounter
between the two is significant ; mistaking him for a tramp, the widow
orders him off the premises, but they gradually become better acquainted
and arouse the hostility of the lady's son, a young soldier who from the
first is bitterly opposed to the friendship. The boy returns to his regiment,
but his mother's secretary, who is in love with him, keeps watch and
sends for him when scandalous tales begin to circulate in the neighbour-
hood. The rest of the book represents the difficulty of a man and woman
in middle life, faced on the one hand by the rigid dictates of convention,
and on the other by the habits and prejudices of years.

The author has chosen difficult types for her chief characters, but she
has drawn them with a skill and consistency which will surprise even those
readers who know her best. With its deep human interest and original
plot, " Antagonisms " is a book which will appeal to all.

The Fire Opal By HELEN PROTHERO LEWIS

Author of " Love and the Whirlwind," etc.

The story of a beautiful girl, Iris Mordaunt, who has a bad family
history. Her father drinks himself mad and has to be removed to a
lunatic asylum. Her mother had previously run away from her husband
with another man, and her husband had refused to divorce her. An uncle
is appointed as guardian to Iris. The family weakness for drink shows
itself in her even at the age of ten. Her uncle does not drink, but he
perceives the tendency in her, encourages it, and in many subtle ways
strives to wreck her, so that he may obtain absolute control of the situation
and the property.

Her mother, a beautiful woman, forsaken by her lover, tries to get
possession of her child, but the uncle cunningly frustrates her just as she
is on the eve of success. She leaves behind for Iris her most cherished
ornament, a magnificent opal.

Written by this popular authoress, it is a moving tale with a strong
human interest.

A Desert Cain By KATHLYN RHODES

Author of " The Will of Allah," etc.

A collection of stories by one of the most widely read of living authors,
who paints with her pen vivid pictures of the fire and passion of the East.

Each story is beautifully finished, the settings varying from the desert,
Cairo, the Nile and India to London at the present day and a little English
fishing village.

Hutchinson's New Novels. 7/6 Net

A BIG CANADIAN NOVEL

Purple Springs By NELLIE L. McCLUNG

Author of " The Second Chance," etc.

Pearl Watson, a girl of fifteen, la asked to wait three years by the man
she loves. She waits in a radiant dream. The three years end, and the
whole government of the province is by this time involved in this love
story. Nellie McClung's latest, greatest Canadian novel.

20,000 copies have already been called for in Canada of this popular
novel. It is now first published in this country.

Miss Mapp By E. F. BENSON

Author of " Dodo Wonders," etc.

Clever, amusing, it is a chronicle of the doings of a group of women
and men in a seaside township. Of this group, Miss Mapp is the dominating
personality. Not too passe, she has set her mind on one day marrying Major
Flint, retired. The reader is carried along easily ; it all makes entertaining
reading, true to life as lived by the comfortably-placed human beings in
an English township.

The Post War Girl

By BERTA RUCK

Author of " His Official Fiancee," etc. (lllth Thousand).
This selection of stories by Berta Ruck is divided into two parts :
those written before the Great War and those written during or after.
A somewhat startling and unlooked-for contrast 1 Problems were
presented to the pre-war girl which do not worry her present-day sisters
— and vice versa. Love and money (or rather, her living) were essential
to both. But love, before nineteen-fourteen, was apparently less complex
a problem than it now is. Compare the case of " the Rector's Winnie "
or of " Pandora " (both pre-war maidens) with that of " Patsie " and
her " Flying Cabbage," or of " Miss Blonde Verity " and her two affinities.
Berta Ruck finds that the outlook of her sex has been modified. And
that of the young men, is it the same ? Perhaps the answer is to be
found in "The Whisper," "The Young Man of Yesterday," or "The
Downward Smile."

RECENTLY PUBLISHED. 8/6 net.

Humbug By E. M. DELAFIELD

Author of " Tension," " The Heel of Achilles."

This is a penetrating study in education by the brilliant daughter of
Mrs. de la Pasture (Lady Clifford). " Humbug " is a striking novel.
The character-drawing is subtle, clear and convincing. Lily, the character
round whom the story centres, her parents, her aunt, her husband, think,
Buffer and rejoice as living folk.

OVER TWO MILLION ALREADY SOLD

NEW VOLUMES OF

Hutchinson's Famous 3/6 Net Novels

Each in crown 8vo, printed on good paper, cloth bound, with most attractive
picture wrapper in colours

Peter Jackson, Cigar Merchant

By GILBERT FRANKAU

Now in its 40th Thousand. First time in cheap edition.

The Golden Apple By KATHLYN RHODES

Author of " The Desert Dreamers," " The City of Palms," etc.

A thrilling story by this famous writer, whose marvellous interpretation
of the East has made her one of the most widely read of all living authors.

She and Allan By H. RIDER HAGGARD

Author of " King Solomon's Mines," " She," etc.

Lady Lilith By STEPHEN McKENNA

Author of " Sonia Married," " The Secret Victory," etc.

The Dummy Hand

By C. N. and A. M. WILLIAMSON

Authors of " The Lightning Conductor," etc.

The Seeds of Enchantment

By GILBERT FRANKAU

Author of " Peter Jackson, Cigar Merchant," now in its 40th Thousand.

A Girl for Sale

By MABEL BARNES-GRUNDY

Author of " Her Mad Month," " An Undressed Heroine," etc.

An Entirely NEW Work Costing £50,000

HUTCHINSON'S

STORY £ BRITISH NATION

The First Connected Pictorial and Authori-
tative History of the British Peoples, from
the Earliest Times to the Present Day.

Edited by

WALTER HUTCHINSON

M.A., F.R.G.S., F.RJU.. BarrUter-at-Law.
Editor Hutchinson'* ' History of the Nations,' etc.

Written by the

LEADING HISTORIANS

Early contributors include :

Prof. J. E. LLOYD, M.A., D.Litt.
J. A. E. MARRIOTT, M,A., M.P.
Sir Richard TEMPLE, Bart.,

C.B., C.I.E.
The Very Rev. W. H. HUTTON,

D.D.
Prof. K. H. VICKERS, M.A.,

F.R.Hist.S.
A.D.INNES, M.A.

W. F. REDDAWAY, M.A.
F.R. Hist.S.

C. Grant ROBERTSON, C.V.O.,
M.A.

P. VELLACOTT, D.S.O., M.A.
H. W. C. DAVIS, C.B.E., M.A.
Prof. R. S. RAIT, C.B.E., M.A.
H. W. TEMPERLEY, M.A.,
O.B.E.

With over 2,000 Beautiful Pictures by well-known
artists, and a number of fine Coloured Plates,

printed throughout on the best English art paper.

In about 48 fortnightly parts, price Is. 3d.

0 illustrated art work, adequate or worthy of the subject, has yet appeared
unfolding the romantic and fascinating story of the British Peoples at
home and throughout the world from ancient times to to-day.
For the fint time Leading Historians give a popular, connected, and up-to-
date account of this wonderful story, and their narratives, added to the
thousands of pictures and maps which will appear, enable us to visualise the
life of every age as if we were actually living at the time.

Hutchinson's " STORY OF THH BRITISH NATIOH " will be a standard work,
an invaluable asset for all time, a lasting source of instruction and pleasure
to everyone, old and young.

THE LIBRARY
UNIVERSITY OF CALIFORNIA

Santa Barbara

THIS BOOK IS DUE ON THE LAST DATE
STAMPED BELOW.

Series 9482

UC SOUTHERN REGIONAL LIBRARY FACILITY

A 001 069 389 3

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